Legal Question in Family Law in New Jersey
Family Law-Property
I've been separated from my husband over 2-1/2 years and we have a 3 year old. We are not divorced nor legally separated and nothing has been filed yet. We owned a two family home and he wants me to buy him out. If do so, without getting a divorce or legal separation, and everything is transferred over to me (title, deed, etc.) will he still have rights over the house since we are still married if something was to happen to me and will his 18 year old daughter get part of money from the house.
2 Answers from Attorneys
Re: Family Law-Property
Hi. If you buy out his interest, you are correct, he still may have an equitable claim on any increase in value in the property while you are married. You really have two options, file a divorce action, which the date of the filing of the complaint is the date to determine equitable distribution and evaluation. You could also enter into a separation and property settlement agreement which will resolve all the property and custody issues.
I would recommend that you consult with an attorney who could help you make the decision that would be in your best interest. Feel free to call me at 856-489-8888.
Philip Burnham
www.burnhamlaw.com
Re: Family Law-Property
Prior to any transaction with your husband you and he should sign a separation agreement which is binding when properly prepared and executed resolving all equitahle distribution issues in your marriage. It will be binding when the divorce complaint is filed and will protect you against any claim made subsequent to your buying out his interest in the house. 800 273 7933 is my office number and my website address can be reached by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
