Legal Question in Family Law in New Jersey
Buying a house on own & separating from husband
I'm purchasing a home outright on my own (it's in the attorney review stage) and things suddenly aren't looking rosy with husband of 2 years (mortgage based solely upon my income and not a penny received from him). I have a small child from prior marriage. What can I do to protect myself from having to pay him off should we divorce? Property settlement, post nuptial agreement?
1 Answer from Attorneys
Re: Buying a house on own
You have a very difficult situation. Unless he voluntarily agrees at this point on something to the contrary, anything that you and he acquire, during the marriage, is deemed to belong to both of you and is subject to equitable distribution in the case of a divorce. Contributions by one party or the other may or may not have any impact on the determination as to who will ultimately have possession of the property or the cost of buying out the other. There are many factors here, however and a proper answer cannot be given unless all of the particular facts are explored. You may want to immediately consult with an attorney on your own (not the one who is representing both of you in the real estate transaction) to find out what your rights are. If you want me to assist you, feel free to call me at 856-546-8010. Good luck!