Legal Question in Real Estate Law in New Jersey

Re: Mortgage Payments

Yes.

And having nothing in writing saying who gets what from sale of the house makes it a mess. Both the man and the woman now MUST get attorneys to represent them, and this will likely be a decent sized fight.

And it happens all of the time, unfortunately. No one plans ahead for what happens when the plans to marry fizzle; everyone wants to believe that the happy relationship will last forever. Sometimes it does.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Re: Mortgage Payments

If there was a written agreement between the couple, or among the couple and the woman's father, it may spell out what happens if they split, and how net proceeds are to be shared.

If there is no written agreement, this will have to be negotiated, and should be written down before the property is listed or sold, to avoid delays in settlement or seller's default on the agreement to sell.

If no agreement can be reached, it may require a partition action in court, to determine the respective rights of the parties. This will eat up probably most of the net equity value in the home, if not more.

So it's to everyone's benefit to come to an agreement without a law suit, which will also take a long time.

The parties should each have their own legal counsel in negotiating and writing up such an agreement.

Consult an experience real estate attorney in or near the county where the property is located.

My NJ office is in Collingswood [Camden County].