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?


Asked on 11/16/08, 9:37 am

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

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

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Answered on 11/16/08, 10:47 am
Barry Kozyra Kozyra & Hartz, LLC

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.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

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Answered on 11/16/08, 11:27 am


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