NJSBA Family Law Section

My client's spouse obtained a pro se divorce about 11 years ago.  The marital home was not mentioned in the Judgment and my client's name is still on Deed.  At the time the parties verbally agreed to hold off on selling the house until the children finished college and then would sell and divide proceeds.  The children graduated and the spouse refuses to sell or buy out my client. He is in possession of the property.   Another attorney filed a motion to vacate the default and allow her to be heard on equitable distribution of the marital home.  The motion was denied based on the length of time that has passed.  Since the marriage was terminated and both names are on the Deed I think they became tenants in common.  Can I file an action for partition?  If so should that be filed in the Family Part or in General Equity?

See NJS 2A:56-1 et seq. I think a partition action is a good idea. File in Gen. Equity.

Regards,

Ed

 

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Edward J. Zohn, Attorney at Law

Chair, NJSBA Solo and Small Firm Section

Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

"Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

www.zohnlaw.com

 

this is a family matter and the Court Rules says it gets filed in family.  File a motion to (1) reform the final judgment (per R. 4:50 to set a side a judgment or order or reopen a proceeding as an injustice has occurred).  You don't want to un-divorce them but the divorce was not complete and ED was not decided; (2) also add a request to partition the property but... then your client can only sell 1/2 the property; (3) what if you client should get more than 50% of proceeds in equity, or what if husband should get more than 50% based on the facts.

 

File in Family - to reopen the divorce and reform the final judgment.