Carneys Point, NJ Divorce Law Firms & Lawyers

Its sounds like it might be a combination of enforcing the matrimonial order and possible bankruptcy.  If you have a judgement of divorce that required your husband to continue to make the mortgage payments, and he did not do that, then you can apply to the court for an enforcement of that order.  The enforcement may be more like a judgment or finding by the court that you are not responsible for the mortgage, that your name should be off of the mortgage, and see if you can use that when you sell the house to make him solely responsible for the deficiency in the mortgage.  do you have the property up for sale?  You should do so as soon as possible, the market is starting to come back a bit and you might be able to get a sale.  If not, consider renting so that at least you can get some income to cover the mortgage payments until this is straightened out.

Thank you for your question. The house is a marital asset and the equity in it has to be shared. There are several ways to do this. You would benefit from a free consult with an attorney to discuss the best way to handle the division of the equity in the house.