NJSBA Family Law Section

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  • 1.  Unjust Enrichment in Post Divorce Matter

    Posted 10-10-2024 04:30 PM

    Good afternoon all!  Does anyone have a good brief on unjust enrichment in a post divorce matter? I represent an ex husband of simple means and now age 71. In the divorce, he agreed to give title to the marital home w/o a mortgage to his ex wife to more than fully satisfy all that she may have been entitled to, which included no alimony but post divorce she received much more  than the parties  bargained for . He had agreed to pay household expenses until transfer of title plus small amount of unallocated support until transfer but transfer took two years for reasons beyond anyone's control  (there was probate court issue regarding title from the ex husbands parents where prior attorney didn't probate it correctly)  and ex wife wants all of those funds for the 2  years even though she works and is fine financially. My client wants money for his old age. ... .Thank you! 



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    Christine Moriarty Brophy Esq
    Christine Moriarty Brophy, PC
    Upper Saddle River NJ
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  • 2.  RE: Unjust Enrichment in Post Divorce Matter

    Posted 10-11-2024 11:45 AM

    Hi Christine,

    Your client has an uphill battle considering the deference family court gives to MSAs. I don't think you have an unjust enrichment argument, but you may have a change in circumstances argument. Hopefully no anti-Lepis clause in the MSA.

    Reach out if you have more questions.

    Tom

     

    Thomas R. King, Esq

    Celeste Fiore, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

    45 Broadway, 2nd floor, Denville, NJ 07834

     

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  • 3.  RE: Unjust Enrichment in Post Divorce Matter

    Posted 10-11-2024 01:26 PM
    This strikes me as more a contract claim. It sounds like there was a mutual mistake of fact resulting in a windfall to one party. I'm sure there's law on that situation