Austin, TX asked in Divorce and Family Law for New Jersey

Q: Is there any case law for where the Defendant stayed in the marital home after being ordered to sell a total of 13 yrs?

The divorce agreement was for the Defendant to be moved out in 2005. She did not move out until Dec 2016. Also, all money owed to the Plaintiff was to come out of the home. The Defendant decided not to pay for the home starting in 2004 even though she received her alimony. Is there any case law on the plaintiff being award damages to recover the money? Also, by not paying the mortgage she drained any profits from the home so the home was given back to the back. In 2005, the home was valued for a profit of around $300,000.

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: You should have retained counsel and brought an enforcement motion many years ago. Even if you get a Court to rule in your favor, all your ex-wife has to do is file Chapter 7 Bankruptcy and you will get nothing. An attorney on this forum is not going to do free legal research, you will need to retain counsel to do so. Good luck.

Santo Artusa Jr.
Santo Artusa Jr.
Answered
  • Jersey City, NJ
  • Licensed in New Jersey

A: I agree with my colleague but sometimes it is better late than never. You should hire an attorney to work on this ASAP

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