In a recent New Jersey appellate case, a couple married in 1997 and separated in 2007. The husband sued for divorce in 2010, and the divorce came through in 2013. The divorce judgment incorporated a marital settlement agreement.
The husband appealed a post-judgment order that enforced equitable distribution of the marital home, transferred the obligation to make mortgage payments, and provided the husband with sole responsibility for the couple’s unpaid income taxes. The wife argued it should be affirmed.
The wife had filed the motion at issue in 2015, when she found out the mortgage’s balance was higher than what the couple had understood when creating the settlement agreement. She had also filed a motion after learning there were recorded federal income tax liens on the couple’s home that were more than what the home was worth. Because of these liens, the wife couldn’t close on a home sale contract set for 2015.