Legal Question in Family Law in New Jersey

compensatory damages used in home repairs

my wife wants a divorce after 9 years and insists on keeping the house that we cannot afford and my son, can I force her in the selling of the house to recoop my insurance compensation money? my home is worth $425,000 and I put in about $50k of my insurance money, now I don't have a dime but just my home, we can come out with $95k each less my money. wife did not contribute to home repairs in any way, just like everything else like the cooking, cleaning, laundry, taking care of our autistic son etc. or anything a wife is supposed to do. her income was only 24k a year where I was at 40k to 55k depending. this is why I feel like I am getting shanghai'd by her, i also posted another question regarding my son here. I still want to work this marriage out but she wants out especially after her gastric bypass surgery, yes this is all too common among gastro couples imagine that a size 24 to now a size 6, she wants a new life at my expense. what can I do?


Asked on 6/29/08, 7:30 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: compensatory damages used in home repairs

Her body weight does not matter.

You need to decide whether you want a divorce or not. A divorce lawyer can not help you make that decision, except by telling you what your rights and duties are according to NJ divorce law.

Your questions are reasonable, and important, and complicated. It is not possible to give you a short and simple answer.

You really need to sit down with an attorney and get some guidance. The decisions you make now will have a profound, serious and long lasting effect upon you and your children.

Some thoughts (and these are only general statements, NOT intended to guide your decisions):

You are in the beginning or middle of a divorce.

You have a job. You may have a house. you may have savings, pension, credit card bills, and other things to deal with.

Your spouse may have a job.

You may have a child (children), and child support and college tuition needs to be paid. That is measured in tens of thousand of dollars.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the child (children).

Hire an attorney. Go to an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/30/08, 10:11 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: compensatory damages used in home repairs

The best thing you can do for yourself is to get a good attorney. Ever hear the expression about the person who represents themselves in court? Maybe for a simple matter, you can swing it. However, in this case, your matter is anything but simple. In fact, based on both of your questions, your situation seems to be getting dangerous.

Call an attorney now. You need to protect yourself. I'd be happy to discuss this case with you. You can call me at 732/247/3340.

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Answered on 6/29/08, 7:57 pm


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