Equitable Distribution

Equitable Remedies: Ex-Spouse Granted Power Of Attorney To List And Sell Family Home When Party In Possession Refuses To Remove Ex-Spouse From Mortgage

In the family law, Equitable Remedies, equitable distribution case of L.H. v. D.H., 20-4-8482, Chancery Div. Family Part, the court found that when a party in possession of the former marital home failed to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, as agreed to in their settlement agreement, the court could grant equitable relief, including but not limited to granting the aggrieved ex-spouse power of attorney to list and sell the home through a bonafide realtor at a recommended price, and removing the defaulting party from the home, particularly if he or she obstructed the realtor’s access to the home or any other material aspect or sale, and further finding that plaintiff was out of compliance with, and in breach of, her express commitment in the divorce settlement agreement to timely refinance the mortgage and continued to maintain defendant as a co-debtor without his consent, thereby encumbering his name and credit, the court ordered the parties to jointly select a realtor within 30 days and if unable to agree, to use Century 21 Realty, to agree to the realtor’s suggested listing price or on a mutually agreeable selling price and if unable to agree, the objecting party had to apply to the court by way of motion or order to show cause to demonstrate by competent  evidence why the realtor’s recommendation was unreasonable. The court also ordered the wife was to maintain the home and make all mortgage, tax and home insurance payments in timely fashion, so as to prevent any further damage to defendant’s credit report pending sale.

Reference: Case & Analysis, New Jersey Law Journal, (December 7, 2015)

Filed Under: Family Law; Equitable Distribution; Equitable Remedies

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