NJSBA Family Law Section

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  • 1.  Post judgment mortgage paydown

    Posted 04-05-2019 09:57 AM
    Husband and Wife got divorced in 2008.  They jointly owned a Shore House that they agreed to list for sale and split the net sales proceeds, evenly.  Post-divorce, Husband, who used the Shore House exclusively, didn't pursue sale diligently, while wife, who never used it, didn't have the funds to file an application to compel him to get Shore House sold.  Today, the Shore House is still not sold and parties are negotiating Husband buying out Wife's interest in same.  If Husband has used it 100% of the time since the time of divorce, while paying all carrying charges, and Wife hasn't used it at all since then, should Husband be entitled to any sort of credit for the mortgage pay down, even though this was never contemplated in their MSA?  Does anyone know of any case law regarding this issue?  Thanks in advance.

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    Michael Miller Esq.
    Chatham NJ
    (973)966-6644
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  • 2.  RE: Post judgment mortgage paydown

    Posted 04-05-2019 10:27 AM
    Try Brandenburg v. Brandenburg, 83 NJ 198 (1980).

    Lisa M. Radell, Esq.
    207 South Main Street
    Cape May Court House, NJ 08210
    (609) 465-9910 (Tel)
    (609) 465-9920 (Fax)
     



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  • 3.  RE: Post judgment mortgage paydown

    Posted 04-05-2019 11:20 AM

    Cary TINFOW, Plaintiff-Appellant,

    v.

    Deborah TINFOW, Defendant-Respondent.

    unpublished

     

    Michael S. Rothmel, Esquire

    33 Grant Street

    Mount Holly, N.J.  08060

    Phone:  609-261-9100

    Fax:  609-261-9103

     




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  • 4.  RE: Post judgment mortgage paydown

    Posted 04-05-2019 12:55 PM
    I'd approach from an equitable standpoint. If house sold in 2008 and she invested funds, what would she have today at current fmv with mortgage pay down? He should not be rewarded for his failure to comply.

    Sent from my iPhone
    Cynthia Ann Brassington, Esquire
    Brassington Family Law, P.C.
    Linwood Commons, Suite F6
    2106 New Road
    Linwood, NJ   08221
    (609) 601-2323
    Fax. (609) 601-2322



    Original Message


  • 5.  RE: Post judgment mortgage paydown

    Posted 04-05-2019 05:23 PM

    Try CARY TINFOW v. DEBORAH TINFOW :: 2009 :: New Jersey Superior Court, Appellate Division - Unpublished Opinions Decisions https://law.justia.com/cases/new-jersey/appellate-division-unpublished/2009/a4749-07-opn.html

     

     

    Charles F. Vuotto, Jr., Esq.

    Starr, Gern, Davison & Rubin, P.C.

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Fellow of the American Academy of Matrimonial Lawyers

    Certified by the American Academy of Matrimonial Lawyers as an Arbitrator

    Qualified by the Supreme Court of New Jersey as an Economic Mediator

    2016 Tischler Award Winner given by the NJSBA

    for Lifetime Achievement in Family Law

    105 Eisenhower Parkway, Suite 401

    Roseland, NJ  07068

    Tel. 973-403-9200, Ext. 246

    Fax 973-364-1403

    Email: [email protected] 

    Website: www.starrgern.com

    Website: www.vuotto.com

     




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