Legal Question in Family Law in New Jersey

Divorce and Mortgage

I have been separated for the last 8 months with the intent to divorce. I have been married for the last 5 yrs...I purchased a home in 1998, 2 monts after marriage. I was the one with the downpayment with the deed in my name. 1 1/2 yrs ago I refinanced the home and my husband was placed on the new mortgage...He has not paid anything toward the mortgage in the past 8 months...Is he entitled to part of the home? Can I lose my home?


Asked on 5/06/04, 3:36 pm

2 Answers from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Divorce and Mortgage

All of the issues you raise will be taken into consideration in determining what interest, if any, your husband has in the value of the marital home. It is likely that he will be entitled to some interest in it. If you do not want to sell it, you can propose to buy out his interest in it. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 5/07/04, 9:09 am
Gary Moore Gary Moore Attorney At Law

Re: Divorce and Mortgage

You get more than half of the house if the downpayment was acquired BEFORE the wedding ceremony. Your husband is going to be deemed to have made some contribution to paying the mortgage. You probably can keep your home. I would hope that your husband acquired assets during your marriage such as pension benefits; 401k plan; stocks and savings. Your claim to half of these assets could nearly or completely offset your husband's claim on your house.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 5/06/04, 4:05 pm


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