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Have a question regarding a divorce proceeding in NJ as it…

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Have a question regarding a divorce proceeding in NJ as it relates to being on the mortgage of a marital home which is going to husband. Wife will remain on the mortgage until husband refinances. What happen if husband does not refinance. What protection can be put in the divorce papers ?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in NJ family court?

Yes

Lawyer's Assistant: Have they talked to a lawyer about this yet?

Yes

Submitted: 2 months ago.Category: Family Law
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Answered in 10 minutes by:
5/29/2018
Family Lawyer: DamienJD, Attorney replied 2 months ago
DamienJD
DamienJD, Attorney
Category: Family Law
Satisfied Customers: 5,430
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

Yes. That could be a concern that the refinancing does not occur. Is your name on the home also?

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Customer reply replied 2 months ago
my name is ***** ***** the deed only the mortgage. I am concerned about him ruining my credit if he does not take me as a result of his not being able to refinance
Customer reply replied 2 months ago
Are you familiar with divorce law?
Family Lawyer: DamienJD, Attorney replied 2 months ago

Yes. Have you already entered into the settlement agreement or the divorce order?

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Customer reply replied 2 months ago
close but not signed off on
Customer reply replied 2 months ago
i'm looking to see if there could be wording added for protection against his inability to refinance and possible ruining of my credit...or if the year I give him to accomplish this is not met.
Family Lawyer: DamienJD, Attorney replied 2 months ago

Yes. Are you can attempt to put language in the agreement that protects you in case a re-financing never occurs however you see fit. If there is no agreement, then the Judge would have to decide.

We can discuss this more if you want to do so.

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Customer reply replied 2 months ago
have you ever put wording into an agreement for your clients that would accomplish what I am looking to do?
Family Lawyer: DamienJD, Attorney replied 2 months ago

I am unable to continue to work on this question for you at the moment. I will open it for other experts to see if they can assist you. No need to respond now because that will delay the process. Another expert who believes they can assist you will reply.

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Family Lawyer: Asad Rahman, Lawyer replied 2 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
Verified

You should add an indemnification article wherein he must cover any legal expense related to the mortgage.

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