But this is p.l., correct? I don't see a judge signing a current sale motion. Your client/you could get hit with a counsel fee award on that motion, unless the house is going into default/foreclosure and there is home equity that coukd be lost without immediatel sale.
H may be a stubborn fool, or not, but you are not going to force a p.l. sale absent extraordinary facts.
And as Bob Goldstein always asks, how do you know your adversary isn't reading your post and these responses?
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 10/1/2013 1:31:07 PM
From: [email protected]
Subject: RE:Marital Home Sale Only After Global Settlement
EQUITABLE DISTRIBUTION : MARITAL PREMISES
"Although plaintiff's position is an understandable one and we agree with the trial judge that a delay in the marital residence would be ideal for the children, we are satisfied that the family part judge acted within his flexible authority in ordering the immediate sale of the marital residence. The residence is the parties' most valuable asset. The equity from the sale will financially benefit all parties and further ensure defendant's ability to meet his child support obligations. Although the actual value of the marital residence is only speculative, the lower court repeatedly mentions that the immediate sale will be conducive to fulfill the parties' economic needs. If market conditions no longer support that conclusion, the trial court may reconsider its order. We, however, find no just cause to disturb the trial court's exercise of its sound discretion. Affirmed."
Marinaro v. Marinaro, New Jersey App. Div., October 4, 2010
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Charles Abut Esq.
Hackensack NJ
(201)342-0404
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Original Message:
Sent: 10-01-2013 11:56
From: Jill Taylor
Subject: Marital Home Sale Only After Global Settlement
Listmates:
Issue: We represent the wife in a contested divorce. She moved out and was ordered to pay about half of the marital home carrying costs pendente lite. The parties want to sell the home but the husband won't sign a listing agreement until there is a global settlement. He also will not agree for the wife to be present when the realtor inspects the house to determine the listing price.
Question: Is there a viable motion to have the wife present when the realtor inspects, force the husband to sign the listing agreement and hold the proceeds in escrow pending the remainder of the settlement? We'd also like to pursue attorneys fees for the motion and maybe include his counsel who is not helpful at all in moving this forward and even said that his client won't pay him to do certain things i.e. have counsel present at the house with the realtor.
Thank you.
Jill
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Jill Taylor Esq.
Montclair NJ
(862)
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