Law Case Brief


Write  a  brief  for  Doug in support of your legal position as to why his request for an emergent order should be granted STATEMENT OF FACTS 1 PAGE LEGAL ARGUMENT 2-3 PAGES (3-4 ARGUMENTS)  Sources: Please use case laws or court rules  CASE:  Judy and Doug Carter were married 12 years and had three children.  They divorced on  January 2, 2020.  They agreed to share joint legal custody of the children with  Judy (mother) as primary residential custodian.  Doug has parenting time every other weekend.  Judy still lives in the former marital home, which has no mortgage,  while Doug lives in a one room rental apartment 5 miles away, in the same town on Suntown, New Jersey, facing a rent increase from $500 per month to $800 per month as of November. In the settlement agreement, the parties agreed to sell their home within 6 months and divide the proceeds.  The house was listed in January 2020.  However, COVID struck and the parties could not show their house until August, 2020.  As of September, there were no offers.  Finally, in October 2020, a builder is interested in the land and makes an offer for $200,000. Judy  does not want to accept the offer, since she feels the house is worth at least $400,000 as per a pre-COVID appraisal  from 2018.  Doug, however, wants to sell the house  because he needs at least $15,000 to help his brother start a business.   Further he wants to move out of his small apartment and put a down payment on a very nice  house  that has just become available significantly below market price by quicksale. Doug says that wants this house at a bargain  so that he has a place to bring the children for overnight visits during his parenting time. The parties youngest son is 5 years old, has autism and is  presently in a school district which provides excellent services both in person and online after COVID. Judy has not researched other school districts at this time.  The  older  two children are 11 and 10 and are average students.  Judy is a homemaker with no significant work history and no credit history.  Doug has a high 800 credit score. The children’s lifetime pediatrician  has an office a block away from  the marital home, although he will shortly be retiring at the end of 2021 and moving to  Oregon.   Doug also has learned from a neighbor  that there may be asbestos in his apartment and his neighbor has 6 dogs to which is allergic. Doug brings an application to force sale of the home at $200,000. Judy objects.

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