Legal Question in Real Estate Law in New Jersey

My ex husband won't sign real estate papers to sell our jointly owned home. I (ex-wife) live in marital home and can no longer afford to pay the mortgage and want to sell the home. What can i do to get ex to sign papers to sell the home?


Asked on 8/17/10, 6:15 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If your divorce agreement or court order provided for ownership, possession and/or sale of the house, you could try to enforce those provisions.

Or, you could sue for partition. This asks a court to decide whether the property should be sold and how the proceeds should be divided.

The cost of partition will eat up the net value to you and your ex, so both of your would be better off if you can come to an agreement to work together.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/22/10, 9:56 am


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