Legal Question in Family Law in New Jersey
Division of assets
My husband and I bought my parents home after we were married. We bout it for about 1/3 of what it was worth. If we get divorced does he get half? My parents are will to in writing or in person to a judge state the the othe 2/3 worth of the house was given to me as a wedding present from them. Not a wedding present to us but only to me. The morgage is in both of our names because my parent wanted him to be responsible for half the morgage. Also we were not sure that the bank would give just me such a big loan.
Please help.
Thanks
2 Answers from Attorneys
Re: Division of assets
Thank you for your inquiry.
I believe that the answer to this issue depends upon how long your marriage has been. Then, an argument of equity needs to be made.
It would be my pleasure to speak to you about your potential divorce. Accordingly, please feel free to contact my office at 732 246 0909 to discuss further.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
Re: Division of assets
Let's see: Your parents wanted your husband on the mortgage so he would be responsible for half of the obligation, yet they would deny him one half of the asset. Does that seem consistent to you? And, your parents are willing to testify, after placing their hands on the Bible and swearing to tell the truth, the whole truth and nothing but the truth that they were giving a wedding present to you, but not your husband. How many wedding presents have you given to one member of the "happy couple"? I'm not trying to be sarcastic; I'm just trying to point out that your story strains credibility. You may be able to get more than 50% interest in the premises, but your ideas as how to do it need some work.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 needto contact an attorney immediately (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner