Legal Question in Family Law in New Jersey

Re: Community assets

The assets which you bring into the marriage are,

by definitition, not marital assets and are not

distributable should there be a divorce, unless there is commingling. If you put his funds and your funds in the same bank account the funds become marital assets for the same reason that your house would also become his house should you add his name to the deed to your house. By deeding an interest to him you would be giving him a gift. Additionally, should your new husband add value to your house he would be entitled to one half of the value which he added

by adding on a new section or replacing the windows, etc.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Community assets

I have read what the other attorney Gary said, and he is a pretty bright guy.

However, if you are asking these questions, you really need to sit down with an attorney and get some advice. Yes, your houses could become 'commingled' if things are not handled correctly, and you should invest the money to plan what you are going to do BEFORE you are married.

the short answer is that you need to make SURE that things go as you wish.

If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Community assets

I too have read the other responses, and agree with those responses.

Also you should consider a date prior to the marriage ceremony can, in appropriate circumstances, qualify as the date of commencement of the marriage for the purpose of deciding whether property is an asset subject to equitable distribution. The shared enterprise of marriage may begin even before the actual marriage ceremony through the purchase of a major marital asset, such as a house, and substantial improvements to that asset. This conclusion was supported by trial court decisions in Raspa v. Raspa111 and Coney v. Coney.

If the parties have an intention to create a marital partnership prior to the marriage ceremony with respect to particular property, which would be the equivalent of a business partnership, and if by their combined efforts they increase the value of an asset held by one of them, such increase might be subject to treatment as a partnership interest, and, following marriage, as an asset subject to equitable distribution.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.