Legal Question in Family Law in New Jersey

Re: Co-habitating Fiancee's rights

Please be advised that I have not been retained to represent you and I am basing my opinions on the limited amount of information supplied. However, you were never married and your fiance made no material payments (mortgage, taxes, lien payoffs) and her name is not on any deed to the property. Therefore, based on the facts you supplied, your fiance has basically been a tenant or guest in your home and she should have no claim to it. Also, the grantors of gifts made solely in contemplation of marriage can be entitled to a return of the property if the marriage does not take place. This is not a guarantee that you will automatically get the ring back, but you do have a claim and a good chance depending upon the particular facts and circumstances of your particular situation. Your fiance's rights to remain in your house also depend. If she can prove that she has the rights of a tenant, you cannot legally throw her out without first providing notice. Then, if she still does not wish to leave, you would have to go through an eviction process and it could take some time. However, if she is merely held to the standard of a guest, you can ask her to leave immediately and her failure to do so could result in her arrest for trespassing. There are several factors to consider when deciding which category she would fall into. It is best if you ask her to leave and she gives you a favorable response. If she is not going to cause you any trouble and she she asks for a brief period of time to find a new place, it is possibly less costly and less aggravating to allow her some time. Since I do not know all of the facts or circumstances, I cannot provide advice on which you should rely at this time. If you wish to speak with me in greater detail, I can be reached at 908-537-7975. If you cannot afford an attorney, please be advised that every county has a legal services agency which can you assist you provided you meet the financial qualifications.

GOOD LUCK

Re: Co-habitating Fiancee's rights

Thank you for your e-mail. Your thoughts appear to be on the right track as it is unlikely that your fiancee will have a successful claim on your house or the engagement ring. However, there are always exceptions to the usual rule. Therefore, do not rely on this e-mail but consult with an attorney of your choice before taking any action. Our firm has experienced family law attorneys who would be happy to meet with you and provide guidance and representation. Please call 856-795-6700 to schedule a consultation. K.Scheiner