Van Tassel, J.c.c., Temporarily Assigned.
This matter is before the court pursuant to an order to show cause brought by plaintiff Susan M. Sisco, demanding that her interest in a certain property be discharged from a levy and lien of execution held by defendant New Jersey Bank.
On March 9, 1977 this court signed a final judgment of divorce between plaintiff and Stuart E. Sisco. This judgment contained several provisions relating to equitable distribution
and payment of debts which accrued during the marriage. Paragraph (h) of the judgment is salient to the present action, and it reads as follows:
The matrimonial home owned by the parties as tenants by the entirety known as 531 Summit Avenue, Franklin Lakes, New Jersey, shall be placed on the market and shall be sold at the highest price obtainable and the net proceeds, after paying off the balance due upon the first mortgage and any broker's commission, and necessary closing adjustments, shall be divided as follows:
60% thereof shall be paid to plaintiff
40% thereof shall be paid to defendant
These shares are declared to be liens upon the said marital home and proceeds of sale. Out of the defendant's share of the net distribution from the sale of the home, the following debts, which are declared to be liens shall be paid:
Support arrearages due plaintiff pursuant to prior Orders of this
Court in the total amount of $4,714 as of December 10, 1976 and
arrearages to date are reduced herein to a judgment $3,950.00