Legal Question in Family Law in New Jersey

Re: Wife's rights to primary residence owned by husband

Thank you for your inquiry.

Your husband could potentially list and/or sell the house without your signature because the deed is in his name alone. However, if you were to commence with a divorce proceeding, I would seek a Court Order which would prevent him from being able to do so (i.e., liquidation of a marital asset).

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

Re: Wife's rights to primary residence owned by husband

Please be advised that I have not been retained to represent you and I am basing this reponse on the limited amount of information supplied. However, as a general answer to your inquiry, the home was purchased prior to the marriage - therefore it is not marital property. Your name is not on the deed so your husband owns pre-marital property on his own which gives him the right to sell it without your permission. There are many other factors involved when the property discussed is the primary marital residence and there are issues to be discussed in order to protect your interests. If you wish to discuss this matter in greater detail, please do not hesitate to contact me at 908-537-7975.

Good Luck!