Legal Question in Family Law in New Jersey
equitable distribution
Both of us have in our own name: vehicle,boat,bank account, firearms, credit cards. the only thing that is joint is the house which both are names are on it. is it the contents of the house that is equally split or whats in our own names as well?
2 Answers from Attorneys
Re: equitable distribution
All assets acquired during the marriage are normally distributed to the parties on a 50/50 basis, but you are free to decide, jointly, that each will retain what each has acquired on his/her
own and to divide the house in equal parts.
Call me if you like.
Gary Moore,Esquire
Hackensck, New Jersey
www.garymooreattorneyatlaw.com
Re: equitable distribution
The simple answer is that assets acquired during the marriage are subject to equitable distribution - no matter whose name they are in. There are exceptions to the rule such as inheritances and gifts from family to one spouse as long as such are not commingled with the other spouse. You are free to allocate as you both wish.
Whatever your agreement might be with each other it should be put in writing to prevent questions later.
We do have attorneys at the firm who could be helpful in this area.
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