davefromnj
New Member
- Jurisdiction
- New Jersey
My divorce property settlement (it was agreed to and signed-off by both parties, submitted to a judge and made a court order) is terribly vague..it states (and this wording was her doing)
That the plaintiff and the defendant own the following property as their family residence ______
That the plaintiff shall continue to reside at the above mentioned residence until the child graduates high school.
That the Plaintiff and defendant shall have rights to title and ownership to the family residence.
That upon the sale of the family residence, net proceeds from the sale will be split equally between the plaintiff and the defendant.
That is ALL what is said about the martial home in the property settlement agreement. I wanted a date of sale put in the agreement but my ex refused stating she did not want to spend one extra day in the home she had to.
The divorce settlement gave my ex 100% custody of our daughter with me only allowed < parenting time > time on one or two days every other weekend (because my ex claimed I was a bad parent SMH). So I had paid the top amount of child support since day one (since November 2016). As the months passed, she grew tired of parenting and I was spending more and more time with my daughter and covering more and more of her expenses. Our daughter began complaining that her mother was abusing her. An incident happened this past February where my ex physically abused our daughter and I told my ex to GTFO of the house. To make a long story short - there is no longer a relationship between my ex and daughter. I have 100% custody and I live in the house. I have obtained a court order terminating my child support obligations and establishing my 100% custody of our daughter). I am also in the process of applying for child support from my ex.
Based on the above - I feel like there is no trigger mechanism to sell the house in the agreement.
I paid the down payment on the house, paid $200K out of my own savings for the renovation, and paid 90% of the mortgage myself. My ex has refused any buyout less than 50% of the value of the home.
Can I tell my ex, I am planning to live in the house until I die (at no cost to me - I paid off the entire mortgage, depleting all of my savings, 2 years ago) and she has no legal right to force me to sell at any time nor charge me any rent?
I would also want to put some kind of protection for my daughter in my will - that she can reside in the house free of charge as long as she wants, further disabling my ex from selling and recouping half the value of the house?
That the plaintiff and the defendant own the following property as their family residence ______
That the plaintiff shall continue to reside at the above mentioned residence until the child graduates high school.
That the Plaintiff and defendant shall have rights to title and ownership to the family residence.
That upon the sale of the family residence, net proceeds from the sale will be split equally between the plaintiff and the defendant.
That is ALL what is said about the martial home in the property settlement agreement. I wanted a date of sale put in the agreement but my ex refused stating she did not want to spend one extra day in the home she had to.
The divorce settlement gave my ex 100% custody of our daughter with me only allowed < parenting time > time on one or two days every other weekend (because my ex claimed I was a bad parent SMH). So I had paid the top amount of child support since day one (since November 2016). As the months passed, she grew tired of parenting and I was spending more and more time with my daughter and covering more and more of her expenses. Our daughter began complaining that her mother was abusing her. An incident happened this past February where my ex physically abused our daughter and I told my ex to GTFO of the house. To make a long story short - there is no longer a relationship between my ex and daughter. I have 100% custody and I live in the house. I have obtained a court order terminating my child support obligations and establishing my 100% custody of our daughter). I am also in the process of applying for child support from my ex.
Based on the above - I feel like there is no trigger mechanism to sell the house in the agreement.
I paid the down payment on the house, paid $200K out of my own savings for the renovation, and paid 90% of the mortgage myself. My ex has refused any buyout less than 50% of the value of the home.
Can I tell my ex, I am planning to live in the house until I die (at no cost to me - I paid off the entire mortgage, depleting all of my savings, 2 years ago) and she has no legal right to force me to sell at any time nor charge me any rent?
I would also want to put some kind of protection for my daughter in my will - that she can reside in the house free of charge as long as she wants, further disabling my ex from selling and recouping half the value of the house?