Legal Question in Real Estate Law in New Jersey

Premarital, marital property refinance, equitable distribution

I am going through a horrific divorce and need case law to cite at the hearing. We were engaged to be married, I moved east, we lived together in his old ratty house for over one year. I found us a, 'new' larger home for our marital life. Bought the, 'new' home with the sale of the old home (his assets), moved into the new home together. Married one year later in the home. Re-financed the mortgage 3 months after we were married, however I did not sign the refi papers but I am on a form called the, 'affidavit of title'. All mortgage payments and household expenses were made from our joint checking account. Homestead (Homeowner)tax Rebates have been issued in both names for at least 2 years. My soon to be ex-husband does not want to pay me any equitable distribution for my share and contribution to the home and property, he says because he made the initial down payment. The house has more then doubled in value, since we were married. The way things have gone so far in the divorce I think I am going to end up with almost nothing. We were together 5 years, engaged for 2, married 2 and 1/2. I am a disabled homemaker. I would like to know how to find case law to prove that I am entitled to my share of equitible distribution. Thank-you.


Asked on 11/13/05, 6:17 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Premarital, marital property refinance, equitable distribution

I do not mean to be disrespectful, but you do not need case law to prove you are entitled to equitable distribution. You are. You need an attorney to prove it. Find a good divorce attorney located near you, hire and pay the attorney and go get your equitable distribution.

If you are near me (I cover northern NJ), then please feel free to contact me.

Read more
Answered on 11/13/05, 10:56 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey