QUESTION
Do I have any legal rights to ask for the house back how can I ask for a reduction in alimony?
Asked on Sep 12th, 2012 on Divorce - New Jersey
More details to this question:
My divorced was finalized on 10/26/2011. My ex got the house and alimony for five years plus others like pension (50%). She is also employed. In the agreement it states that she get the house. She just moved in with her boyfriend and she does not want the house and never made any attempt during the year that elapse to get mortgage or anything, also never made the payments on the house.
9 ANSWERS
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 3:05 AM
Unless she was ordered to pay the mortgage payments or to refinance the house in her name, your ex has not violated the order/judgment of the court.? If she was ordered to do those things and failed to do so, you can file a petition to have her held in contempt of court maybe ask to offset some of the spousal support against mortgage payments you paid for her.
Answered on Sep 19th, 2012 at 10:25 AM
If you are residing in Utah, Alimony would cease once your ex began co-habiting. In light of the fact that the home was awarded to her, means you would need to Petition the Court for a Modification of the Divorce Decree in oder to seek an award of the home.
Answered on Sep 19th, 2012 at 10:22 AM
An attorney would need to look at your divorce documents to determine whether you have any remaining rights concerning the house. Spousal support is generally modifiable unless your divorce documents say it is not modifiable. I suggest you show your paper work to an attorney for at least a one time face to face consultation.
Answered on Sep 19th, 2012 at 10:19 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, no - the property award was final. If she wants to give it back to you, or sell it to you, she can do so just like she can do with anyone else. If she was required to make payments on the mortgage and/or to refinance, she may have violated the divorce order and you can seek relief in the divorce case. One possible remedy for her default might be to deed it back to you, but that will be up to the judge if she doesn't agree.
Answered on Sep 19th, 2012 at 10:19 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Offer to purchase her interest in the house.
Answered on Sep 19th, 2012 at 10:18 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need to petition the court if your name remains on the mortgage you may have a cause of action. If your name is no longer on the mortgage, then it is your wife's loss.
Answered on Sep 19th, 2012 at 10:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This will depend on the language of your order. Generally when one is awarded an asset they are required to pay the underlying costs and obligations as well.
Answered on Sep 19th, 2012 at 10:16 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Yes, you can ask the court to do that if she was required to pay the mortgage.
Answered on Sep 19th, 2012 at 10:16 AM