Legal Question in Real Estate Law in New Jersey

Re: real estate issue

In NJ this property would likely be included in the marital estate for equitable distribution.

Incident to the grant of divorce ". . . the court may make . . . [an] award or awards to the parties, in addition to alimony and maintenance, to effectuate an equitable distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage."

[ Painter v. Painter, 65 N.J. 196, 205, 320 A.2d 484 (1974) (citing N.J.S.A. 2A:34-23h).]

Steneken v. Steneken, 183 N.J. 290, 299 (N.J. 2005)

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Re: real estate issue

I do not totally agree with Glenn. By maintaining your individual name on the Deed, limited rights create an exposure to you. You are unclear as to when the coop was purchased, before or after the marriage. In either case it should be argued that this was a non-marital gift from your father that you have kept as separate property. There may be a grant of part of the appreciation since the purchase and the marriage, and separation date, so be armed with real estate broker comparables for all relevant dates (purchase date, marriage date and current value date). There will be mandatory mediation if you cannot settle beforehand, and this will be covered. More facts are needed for more than the general answer provided.

Re: real estate issue

Yes he can if you if it was your primary residence.