Legal Question in Wills and Trusts in New Jersey

You can get a power of attorney from him only if he agrees. No one else can "issue" one.

Your divorce should have included a property settlement that would decide ownership of the house, and if the home was awarded to you, he should have signed a deed transferring his interest to you.

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.

I would need to look at your divorce judgment and divorce settlement agreement.

He is not cooperating, but he is not living in the house.

Come see me, let me look over your documents, and I will explain what things you can do.

I can help you with this. And I will tell you up front what it will cost to do this for you.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

If both of you are named in the Deed you both must consent to a sale, unless this has been covered as part of your divorce decree. Unless he signs a Power you cannot bind him, absent Court approval. This may require litigation that must take place before the foreclosure sale occurs, and the Court may issue an Order allowing the short sale. I have not seen any documents relating to this question, so only a general answer is provided. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.