NJSBA Family Law Section

 View Only
Cosmo Lex
Back to discussions
Expand all | Collapse all

Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

  • 1.  Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-03-2023 02:39 AM
    Edited by System 12-28-2023 05:28 PM

    Crazy ex wife is both very litigious and destructive . She will get his inherited / marital home pursuant to MSA but since the divorce  , she's done things to trees ( ringed them) in the yard so they all fall down and who knows about the inside of house . She refuses to sign a hold harmless agreement and she can't be trusted . I even included the request for Judge to Order it recently in a Cross Motion to one of her crazy motions but the Judge merely said " you don't need it ." What are your thoughts ? 



    ------------------------------
    Christine Moriarty Brophy
    Christine Moriarty Brophy, PC
    Upper Saddle River NJ
    ------------------------------



  • 2.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 12:36 PM

    Good afternoon everyone . Has anyone seen my message ? I just need to protect my client from his crazy ex wife when transferring his inherited home / marital home to her as she has lived there solo for three years and has been quite destructive from what we know and she's very litigious . She won't sign Hold harmless agreement which we feel is necessary . If  she won't sign , do you have other suggestions 



    ------------------------------
    Christine Moriarty Brophy
    Christine Moriarty Brophy, PC
    Upper Saddle River NJ
    ------------------------------

    Original Message


  • 3.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 12:46 PM
    Christine

    Have you filed a lis pendens on the property title in the County Clerk's office in the property's county?

    If the property is in Wife's sole name but remains subject to ED, then a lis pendens will stop her from selling or mortgaging the property. 

    Once you have secured the property, it is subject to negotiation or litigation.

    The big deal is stopping its sale or encumbrance.

    Hanan

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    T 609.683.7400
    F 609-786-2405
    E [email protected]
    www.kingstonlawgroup.com
     



    Original Message


  • 4.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 12:49 PM

    Have you filed a Motion? Asked the court to intervene?

     




    Original Message


  • 5.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 12:56 PM
    Yes I filed a motion that was heard in September  and judge said I don't need a Hold harmless agreement and he's forcing us to close this week . Tomorrow is return date of order to show cause that I filed this week to stay the judges order of last week requiring that we close this week and I asked  court to wait until after  my November 3 rd Motion for reconsideration date  . I just need strong legal real estate / family law language for   judge  for tomorrow , the return date of my order to show cause when we have oral argument . Thanks so much 

    Christine Moriarty Brophy, Esq

    8 Albert Drive

    Upper Saddle River, NJ  07458

    Phone-201-785-1658

    Fax-201-785-1268 Moriarty Brophy, Esq

    8 Albert Drive

    Upper Saddle River, NJ  07458

    Phone - 201-785-1658

    Fax -201-7851268 






    Original Message


  • 6.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 01:28 PM
    Christine,

    You don't need permission to file a kis pendens. You need good cause to defend it after the fact, but your facts indicate your client is proceeding with cause and in good faith.

    Once you attach a lis pendens to the property, of record, then you have as much time as you need to work this out.

    Go forth and do good.

    Hanan

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    T 609.683.7400
    F 609-786-2405
    E [email protected]
    www.kingstonlawgroup.com
     



    Original Message


  • 7.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 01:34 PM
    . . .lis pendens
    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    T 609.683.7400
    F 609-786-2405
    E [email protected]
    www.kingstonlawgroup.com
     



    Original Message


  • 8.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 01:37 PM

    Look at yesterday or today's daily decision alert.  A case (unreported) just came down about inappropriate filing of lis pendens so be careful.

    _____________________________________________
    Jennifer Weisberg Millner, Esq.
    she/her/hers
    Shareholder
    t: 609.945.7608 | f: 609.896.0629
    e: [email protected]
    Stark & Stark ‑ Attorneys at Law
    Hamilton:
    100 American Metro Boulevard, Hamilton, NJ 08619 (Office)
    P.O. Box 5315, Princeton, NJ 08543 (Mailing)
    Marlton:
    40 Lake Center, 401 NJ‑73, Suite 130, Marlton, NJ 08053
    Website | Blog | Offices | Facebook | LinkedIn | Twitter | YouTube
    This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.
    Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.






    Original Message


  • 9.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 02:38 PM
    REAL ESTATE

    Custom Renovations, LLC v. Harvey G., LLC, Appellate Division, Per Curiam. Defendants appealed the denial of their motion to discharge a lis pendens and impose sanctions on plaintiff for frivolously filing a lis pendens. Plaintiff home renovation company contracted to perform home improvements on defendants' home. Defendants paid only a portion of plaintiff's invoices and plaintiff sued for breach of contract and fair dealing, asserting it was owed $56,000, and filed a lis pendens. Defendants' counsel notified plaintiff that the lis pendens was improperly filed because the claim was for money damages only, asserted it was filed for an improper purpose - to harass - and demanded it be discharged. Defendants moved to dismiss the complaint for failure to comply with the New Jersey Consumer Fraud Act. Trial court dismissed the complaint against LLC that owned the house but not as to the individual defendants. Defendants denied the allegations, stated the property had been sold, they were entitled to a refund because plaintiff did not compete the job and plaintiff did not comply with regulations pertaining to home improvement contractors. Trial court found there was a lien against the property and the lis pendens was appropriate. Court held trial court misapprehended the law, the complaint did not seek to enforce a lien upon the real estate, only to obtain a monetary judgment, and trial court should have discharged the lis pendens. Court remanded for consideration of sanctions.


    Marlene Browne Chamberlin

    www.marlenebrowne.com




    Original Message


  • 10.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 02:48 PM
    Thank you for this. I wouldn't file the Hold harmless agreement as a lien  . I would just want it in hand post divorce to protect my client down the road in the event the ex wife sued him for her own preexisting damage to the house that my client doesn't know about 

    Christine Moriarty Brophy, Esq

    8 Albert Drive

    Upper Saddle River, NJ  07458

    Phone-201-785-1658

    Fax-201-785-1268 Moriarty Brophy, Esq

    8 Albert Drive

    Upper Saddle River, NJ  07458

    Phone - 201-785-1658

    Fax -201-7851268 






    Original Message


  • 11.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 03:43 PM
    Christine is not filing one.

    But she is well within factual and legal limits.

    A real estate asset subject to ED is in sole title and possession of the adverse party, which puts the other party at severe hazard.

    HMI
    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    T 609.683.7400
    F 609-786-2405
    E [email protected]
    www.kingstonlawgroup.com
     

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not njsba_familylaw_50a6b3fa-b2e8-452a-ba04-4253d6327b41@connectedcommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 786-2405 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Original Message


  • 12.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 02:56 PM
    This is my client's childhood home where the parties lived during their marriage.  The property  was in his late mothers name until recently because a prior estate attorney didn't properly administer the estate . I filed order to show cause to revoke the prior administration and private the mother's Will.  Now my client wants to protect himself from future litigation with her .  The ex wife would never take title with a  lis pendens and the court is trying to force us to close this week and tomorrow we have oral argument on my Order to show cause to wait until my motion for reconsideration is heard on 11/3. Thank you !

    Christine Moriarty Brophy, Esq

    8 Albert Drive

    Upper Saddle River, NJ  07458

    Phone-201-785-1658

    Fax-201-785-1268 Moriarty Brophy, Esq

    8 Albert Drive

    Upper Saddle River, NJ  07458

    Phone - 201-785-1658

    Fax -201-7851268 






    Original Message


  • 13.  RE: Family Law & Real Estate issue - Do you think a Hold Harmless agreement is necessary when crazy ex wife occupied marital home solo for 3 years before transfer of title

    Posted 10-04-2023 03:29 PM
    Makes sense.

    You can always file the new Order with the County.

    HMI
    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    T 609.683.7400
    F 609-786-2405
    E [email protected]
    www.kingstonlawgroup.com
     

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not njsba_familylaw_94fd5ef5-6240-4ba9-8405-a48cfd16c585@connectedcommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 786-2405 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Original Message