Q: Partner is residential real property has not paid their share of taxes or upkeep for a year - what are my options?
I co-own a residential home with my ex wife who has ceased contributing her share of property taxes and repairs and maintenance despite several pleas. I am going into serious debt because of this. I have offered to buy her out but she refuses to sell. I want to know if I can force her to execute a quit claim deed because she has essentially abandoned her responsibilities. Thank you.
A: Your recourse is to file suit to compel your ex-wife to pay her share or have her interest diminished by an amount equal to the share of costs she is not paying. The issue for you is whether her obligation to pay is part of the judgment of divorce which means that you would need to file a motion to enforce the terms of the judgment or property settlement agreement that was negotiated at the time of the divorce. If the obligation arises from a separate contract you will need to file suit in Superior Court Law Division.
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