Legal Question in Family Law in New Jersey
Determining Buyout Amount
My husband wishes to keep our home when we divorce. It was appraised 3 mths ago for $319,000 and we have a mortgage of $225,000. My husband is offering to give me $50,000 as a buyout. Is this right? Shouldn'y he have to offer half of the homes value since he is keeping the property? We have been married for 18yrs.
2 Answers from Attorneys
Re: Determining Buyout Amount
I suggest you consult with an attorney immediately. If you wish to resolve your divorce with an 18 marriage there will be many other issues besides the home. As far as the home if your numbers are correct, it is a fair buyout because you use the equity in the home, but what are you overlooking, like alimony, pensions, retirement accounts etc. Your divorce will effect your financial future, so don't be penny wise and dollar foolish by not getting the proper representation now.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
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.
Re: Determining Buyout Amount
Generally, in a divorce marital assets are divided between the parties on a 50/50 basis. You are entitled to one-half of the equity in
the house.
Before you settle your divorce, thinking that you are saving money on a lawyer, you should confer with an attorney because there may be other
entitlements and more information might require a different answer.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com