Live Chat Software

Call us Today to Set Up A
Free Case Evaluation

Call Us Today To Set Up
A Free Case Evaluation

Levitt & Slafkes, P.C. - Essex County Bankruptcy Attorneys

Get The Fresh Start You Deserve

Levitt & Slafkes, P.C. - Essex County Bankruptcy Attorneys
GET THE FRESH START YOU DESERVE

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us virtually. Please call our office to discuss your options.

COVID-19 Information 

Bankruptcy &
Debt Relief For
Individuals and
Businesses

Chapters 7, 11
and 13

FIND OUT MORE

Foreclosure
Defense &
Mortgage
Litigation

Saving Homes
Fighting Banks

FIND OUT MORE

Loan
Modifications

Preventing
Foreclosure

FIND OUT MORE

Commercial and 
Bankruptcy
Litigation

State Federal &
Bankruptcy Court

FIND OUT MORE

Bankruptcy & Debt Relief For
Individuals and Businesses

Chapters 7, 11 and 13

Find Out
More

Foreclosure Defense &
Mortgage Litigation

Saving Homes Fighting Banks

Find Out
More

Loan Modifications

Preventing Foreclosure

Find Out
More

Commercial and Bankruptcy
Litigation

State Federal &
Bankruptcy Court

Find Out
More

A Creditor Cannot Satisfy a Judgment Entered Against One Spouse By Forcing The Sale Of Real Estate Owned Jointly By Both Spouses

| Jul 13, 2018 | Creditor Lawsuits |

The New Jersey Appellate Division recently held that a third-party creditor cannot go after real estate owned jointly by spouses to satisfy a judgment that had been entered against one of the spouses.

In Jimenez v. Jimenez, Docket No. A-2495-16T1, the plaintiffs were seeking to enforce a judgment entered against the defendant by compelling the partition and sale of a parcel of real estate that was owned by the defendant and his wife. The defendant and his wife owned a thirty-acre tract of undeveloped land as tenants by the entirety, a form of joint property ownership available only to spouses.

The court ruled in the defendant’s favor and stated that N.J.S.A. 46:3-17.4, a statute that went into effect on January 5, 1988, prohibited the partition and sale sought by the plaintiffs because the property in question is owned by the defendant and his wife as tenants by the entirety. The court explained that otherwise, a “free-wheeling spousen could detrimentally affect the other spouse’s interests in their co-owned property by amassing individual debt.

CONTACT US TODAY FOR ASSISTANCE WITH JUDGMENTS

To discuss how to deal with judgments with an experienced lawyer, call Levitt & Slafkes, P.C. at

973-313-1200

or contact us online use our online contact form to arrange a free consultation.

We are proudly designated as a debt relief agency by an Act of Congress. We have proudly assisted consumers in filing for Bankruptcy Relief for over 30 years.

Archives