Legal Question in Family Law in New Jersey

Financing on a home

In my divorce agreement the home in which we lived, when the time comes is to be sold and split 50/50. I've now moved out of the home and we are trying to sell it. The deed is in my ex's name only. Now he is telling me he wants to refinance this home because he needs money. Can he do this without my consent? I've been told by friends this would not be in my best interest. How can I avoid having him do this? I also have been paying this morgage ever since we divorced.


Asked on 4/06/02, 12:04 pm

3 Answers from Attorneys
Edward Weinstein Law Office of Edward R. Weinstein

Re: Financing on a home

Thank you for your inquiry.

First, I have no idea why he would want to refi if the house is already up for sale, as it would be a waste of money. However, if he is serious about the refi which would rsult in his taking your equity in the home, you will need to file an application with the Court in order to stop him.

As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

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Answered on 4/06/02, 12:18 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Financing on a home

No he cannot do this. You can forms with the County to keep him from doing this, and time is critical. You can also file an enforcement motion with the family to court to compell the sale of the house. If you need help with this contact me directly:

Burnham Law Firm

1864 Route 70 East

Cherry Hill, NJ 08003

856-489-8445 Ext. 228

[email protected]

I hope this helped, and look forward to hearing from you.

Philip S. Burnham, II, Esq.

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Answered on 4/06/02, 2:38 pm
Frank Tournour Frank E. Tournour, ESq., P.C.

Re: Financing on a home

It sounds like your ex is attempting to back out of his agreement to sell the house. If he refinances and pays you one-half of what the house is worth, this might not be detrimental to you. Of course it may be an attempt to buy out your interest at a reduced price than that what he believes the house is worth. I would need to know more facts to properly advise you. Give me a call at my office number of 732-418-9772, and I'd be happy to discuss the case with you.

Frank E. Tournour, Esq.

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Answered on 4/08/02, 11:29 am


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