Legal Question in Family Law in New Jersey
What am I entitled too.
Married for 4yrs and nothing is in my name, house was bought 1 yr before marriage by him, ameritrade accounts are in his name, bank accounts,paypal all his name and credit cards also,my name is on nothing but the marriage certi. what happens if we got divorced? Am I too get anything, I mean Alot of that money was earned while we were married except for the job he had and he transfed the 401-k in to the amaritrade account.
He says there is no need to put me on anything, Advice needed !!!!
3 Answers from Attorneys
Re: What am I entitled too.
Whatever was acquired by either of you during your marriage which was not received as a gift or
inheritance and was not commingled with the other's assets is a marital asset and distributable in a divorce.
If stock was acquired using funds acquired during
the marriage the stock is a marital asset. If the house was place in both your names it is a marital asset. There should a paper trail from the marital earnings to the stocks or other investments.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersehy
www.garymooreattorneyatlaw.com
Re: What am I entitled too.
Oh, for heaven's sake, I see too many of you trusting ladies whose husbands think they can trick you out of everything.
NO, it does not mean you get left with nothing just because you trusted him and did not demand that all the earnings etc. be put in joint names.
But it does mean that the divorce Judge has to straighten it out (you can not cash stocks that are in accounts only in his name, for example).
You are entitled to equitable distribution (most often an equal split, but not always) of all assets acquired during the marriage. that includes lots of items that you would not easily think of.
And we have not discussed ALIMONY, which you may be entitled to.
You really need to meet with a divorce attorney and get some solid advice. Find someone not too far away who spends a lot of his/her time practicing divorce law.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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: What am I entitled too.
As the other attorneys indicated, a marital asset is a marital asset and you will get your share. You are going to need a good attorney to help you with all of this. The attorneys on this board are a great place to start.
My initial consultations are always free, so feel free to call me at 732/247/3340 and we can discuss your situation in more detail.
Good luck!
Jef Henninger, Esq.