Legal Question in Family Law in New Jersey
beginning divorce
my husband and I have been married for 2 years, we keep seperate finances and he has a lawyer in the family. Home was originally purchased in his name but refinanced with both names.I pay for the utilities in my name (phone, gas, electric, water, sewer) and give him a check for my part of the mortgage, sewer tax bill is in my name and paid solely by me. This is an amicable divorce, the house is the only issue. What are our financial obligations to one another?
4 Answers from Attorneys
Re: beginning divorce
I am not sure whether you are asking about financial obligations regarding the mortgage in general, but with regard to the mortgage if you both refinanced, and you no longer wish to be obligated for the mortgage then you will have to turn your interest in the mortgage over to your ex-husband.
AMW
Re: beginning divorce
If he deeded the house to you and himself he made a gift to you of half of the house. Otherwise it is his house. Alimony is not available for such a brief marriage unless there is immediate, dire necessity, and even then only temporarily.
All assets acquired during your marriage which were not inherited or received as a gift or a new form of a premarital asset are to be divided on a fifty fifty basis.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: beginning divorce
You are entitled to equitable distribution, a fair division of all the property acquired during marriage. YOu need a lawyer. Contact me if I can help.
Re: beginning divorce
The house is a marital asset and subject to "equitable distribution" which is not necessarily a 50/50 split, but would be divided in a "fair" manner, as determined by a Court if the two of you cannot agree. However, when you ask what your "financial obligations are to one another" you are asking much more than can be answered here because you have not given enough information to allow for the answer. Other property that the two of you have, whether or not you have children and any number of other factors are pertinent here before an answer can be given. You need to contact an attorney in your geographic area, who practices Family Law, to have all of your concerns answered properly. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a divorce attorney in New Jersey, from your geographic area to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner