Legal Question in Real Estate Law in New Jersey

divorce home

We are not divorced yet. He singed the dead over to me. Both our names are on the finances. We have joint custody of 3 children. In a divorce does he have say in the home? What could I do to ensure he doesn't? Sell it to my boyfriend?


Asked on 1/02/06, 10:43 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: divorce home

While he has signed over the house, it depends upon if it was pursuant to some property settlement agreement between you, pre-divorce, yet as part of it, or totally gratuitious? If you have resolved your financial issues and are solely awaiting the formal declaration of divorce, this should close the matter. On the other hand, if this was done informally, it could have a bearing on other financial issues yet to be resolved, but be considered as part of the final settlement. I do not recommend doing anything with the Deed until you know more of what is still to be resolved, plus you should maintain control of the house until all matters are resolved. This should be reviewed with a matrimonial attorney before you make any decisions. You about to be "x" may have made some commitment that will be to your advantage in the finality of matters.

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Answered on 1/02/06, 11:51 am
Robert Davies The Davies Law Firm, P.A.

Re: divorce home

If you are in northern NJ, give me a call.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Of course, you can not rely on the advice of an attorney given over the internet. Also, the exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/05/06, 1:08 pm


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