Ledgewood, NJ asked in Family Law and Divorce for New Jersey

Q: Pro se waived rights to marital property-Can that be reconsidered since the house was sold?

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2 Lawyer Answers
Andrew John Economos
Andrew John Economos
Answered
  • COLONIA, NJ
  • Licensed in New Jersey

A: As with many questions, it depends. Are they divorced yet? Is there a divorce agreement specifically stating that pro se unconditionally waived their rights to the house? If the answer to these questions is "yes", then absent a showing of fraud (which is no small task), it should not be reconsidered, regardless if the house is sold or not. Otherwise, there is a lot more information that needs to be provided to be able to answer this question with any degree of certainty.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. The question is very vague however, if the Pro Se signed an agreement that specifies that he/she is waiving his/her right to the marital property and it specifies this waiver clearly than you can argue that he/she waived it. However, if there is no specific language in the agreement, or no written agreement, then he/she can ask for his/her share even if the property sold. I highly recommend speaking to a matrimonial attorney to explore your options and see if you have any protections to claim the waiver.

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