Legal Question in Family Law in New Jersey
equitable distribution of marital residence
My wife and I owned seperate pre-marital homes. We were to sell both homes and buy marital residence. I sold mine then she decided not to sell her's because of her young son from previous marriage being established in school. I moved into her home and starting contibuting to bills and making improvements prior to marriage (Late 1999). Late 2000 we were married. My contributions to the home became $600.00 a week. Early 2002 we refinanced the house, my name was added to mortgage and deed. Mid 2003 she asked for divorce. I signed off of deed and mortgage without council, in good faith of equitable distribution. Neither of us have filed for divorce and she now claims I am not entitled to equitable distribution of the marital residence. Am I not entitled to equitable distribution of the equity built in the marital residence in the time we were married?
2 Answers from Attorneys
Re: equitable distribution of marital residence
In the divorce proceedings you may very well be entitled to an equitable interest in the property. Title itself does not define interest in property in equitable distribution. If you would like to further discuss this matter, please contact my secretary, Debbie at 856-795-6700 to schedule a consultation.
Re: equitable distribution of marital residence
Thank you for your inquiry.
I believe that the marital home is still subject to equitable distribution. Hoever, it is very important that you commence with the litigation process right away, or else your inaction may be used against you later, under a "waiver" theory.
As it would be my pleasure to speak to you regarding your potential divorce matter, please feel free to contact my office at 732 246 0909 to discuss same.
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