Legal Question in Tax Law in New Jersey

Homestead Rebate

Help! I live in my home of 5 years with my kids. My wife and I are separated 1 1/2 years as she lives with a boyfriend in an apartment. She contributes -$0- to my mortgage and/or taxes. The problem is that we are joint owners of this home and the yearly Homestead Rebate will arrive with BOTH of our names on it and she refuses to sign her name on the check! It's going to be $1,200 this year. When she walked out she told me that any home rebates and tax refunds would be mine. Naturally, talk is cheap. It's not like she asked for any of it but she is trying to do whatever she can to make sure we don't get it. Can I do anything LEGALLY to force her to sign it? My kids and I surely don't want to lose this money. It's nothing but spitework on her part.


Asked on 7/15/04, 11:26 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Homestead Rebate

I presume you have no Property Settlement Agreement in place yet? Are you getting a divorce? Has she ever contributed to household expenses, like the mortgage payments, insurance, taxes, etc.? Since the house is in both names, the rebate is ostensibly a joint refund and she would be entitled to half. However, if she ever contributed to the costs of the house, which she is not doing now, and depending what you do with the house as part of the Property Settlement Agreement, this should be one of the adjustments in your agreement. You will probably have to give her half now and seek contribution or reimbursement in the future. There are many issued involved due to the separation, and one of you (probably you) should consult a matrimonial attorney to get these issues resolved, ASAP. You should be taking some action, as each mortgage payment only increases her equity in the house, and this is an issue that needs to be resolved.

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Answered on 7/16/04, 1:08 pm


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