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Wendelken v. Altomare

A-4314-01T3 (N.J. Super. App. Div. 2003) (Unpublished)

FAMILY LAW—A spouse who purchases the other spouse’s interest in the marital home is not entitled to take a credit for a hypothetical real estate broker’s commission.

A matrimonial court ordered a husband and wife to list their home for sale but gave the husband a right of first refusal. The order specifically excluded the husband from the real estate broker’s listing agreement. An offer was received and the husband exercised his right to purchase the house at the offered price. He then deducted the real estate commission. The lower court found that to be correct. The Appellate Division disagreed, finding “no basis in law or equity for awarding a hypothetical realtor’s commission to one party who purchased the other’s interest in a marital home where there is no evidence that the realtor’s commission ‘constitutes a reasonably foreseeable expense incident to the present and future disposition of the property.’”


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