Legal Question in Family Law in New Jersey

distribution of real estate purchased prior to marriage

I purchased a house prior to getting married. It is solely in my name. Is this house exempt from the divorce settlement? I was only married less then 2 years.


Asked on 6/26/06, 7:26 pm

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: distribution of real estate purchased prior to marriage

It would be nice if it was that cut and dry. You really have to have your facts in order to be prepared for that issue. Keep in mind that most divorces settle out pretty quickly. Just last week, a Judge told me that I have to "sell" my client on a deal that he did not want to take and that I could even hold a gun to his head "figuratively" to get the job done.

That's not how I do things, but a lot of attorneys give in to the pressure, so if giving her some money representing the increased equity in your house is part of the deal, you may be pressured into giving it to her, regardless of whether she should get it.

I practice in the Bergen/Passaic area and my consultations are always free, so please give me a call at 732/247/3340. You should get an attorney that is going to fight to protect your interests. Also, depending on the issues in the case, it may not be that expensive.

Good luck!

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Answered on 6/27/06, 9:57 am
Gary Moore Gary Moore Attorney At Law

Re: distribution of real estate purchased prior to marriage

It should be exempt as not being part of the marital estate.

You might give me a call.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/27/06, 11:01 am
Robert Davies The Davies Law Firm, P.A.

Re: distribution of real estate purchased prior to marriage

the increase in value from date of marriage may be subject to attack by your spouse. i would need to know much more to nail down that issue. if you do have a house and dont have an attorney, you need an attorney.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I will do what I can 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: 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.

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Answered on 6/26/06, 7:30 pm


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