Legal Question in Family Law in New Jersey
Deparation and the House
My wife left me and my 2 children for another married man 8 weeks ago. I am permanently disabled and live in New Jersey. The title of our home is under both of our names. If I go after her for child support and custody she has threatened to force me to sell the home in order for her to get her share of the equity. I've been told by a friend that she can TRY to get her ''share'' of the equity ONLY if she were to file for divorce, which she doesn't want to do, because then she knows she will HAVE to pay more than just child support (spousal support). She believes that the 50% is yours, 50% is mine rule holds true all the time. I was also told by this same person that a ruling might heavily favor one spouse over the other, especially the one who lives in the house with the children, who is me and who is currently supporting them 100%. Can she FORCE me to either sell the home (thereby leaving me and the 2 kids with nowhere to go)or obtain a loan to give her her share (whatever that is)? Do judges sometimes rule AGAINST selling a home when there are children under 18 residing there with a parent? Any comments would be appreciated. Many thanks!
2 Answers from Attorneys
Re: Keeping house while kids are under 18
While it is sometimes difficult to predict exactly what a Court would do, you have presented a factual scenario that appears to support your position that you should be able to continue to live in the house with the kids while they are minors and also receive support from your spouse. It is true that she could not force these issues unless she filed for Divorce. You, on the other hand, could get support without filing for Divorce. By leaving the home, she has not abandoned her interest in the premises. She is still entitled to equitable distribution of same, if she did file for divorce. That does not mean, however, that she would necessarily get half or that she would receive her share immediately. I believe it is likely that you would be able to stay in the home or at least in a home that is comparable to what you have. How these things work out would depend on a number of factors that I cannot determine without knowing more information. However, it appears on its face, that you have a good position. 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 an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: Deparation and the House
The Court has no jurisdiction to force the sale of the house unless a divorce complaint is filed. The Court can force the sale at the conclusion of the divorce proceedings or require you to purchase her interest in the property if you want to remain in the home. However, there are many creative ways to resolve those types of issues. If you would like to further discuss these issues, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
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