Legal Question in Family Law in New Jersey
My ex and I signed a divorce agreement which states he gets the property and has to remove my name from the mortgage and refinance to give me my portion of the equity. I had until march 31 to move out and he had until may 31 to refinance and pay me my equity. He stated last month that he could not get approved because of late payment in June so he had to wait until June. I asked for paperwork of him being denied and he refused to show me. Now it's the end of June and he says they now say not until September because of another late payment last year in August. He said he applied to 12 lenders but still won't show me any denial letters. What is my recourse to get my equity and get my name off the mortgage note?
2 Answers from Attorneys
Speak to a lawyer asap. You may have to file a motion. Call me at 732/773/2768 to discuss.
It is unlikely that you will get your money until the refinance process is completed. Your main concern, however, is that your ex is not doing all that he can to complete the process. The confirmation documentation is not being supplied to you. Accordingly, your best course would be to file a Motion which would demand your money and/or information concerning what is going on. And because of the delay, maybe you could get a judge to have him pay you interest, or smaller payments until he pays you in full. In any case, your best bet is to retain an attorney to assist you in this process.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you should contact a Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me at 856-546-8010. Mention Law Guru and your initial consultation is free. Good luck! Rob Gleaner
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