Legal Question in Family Law in New Jersey

My husband and I do not have children. We live in New Jersey. We have been farming for over 35 years, with his parents. It was never easy. They deeded us the 100 year old farmhouse, which we were forced to live in for 20 years, before they deeded it to us. The house is a real nightmare. We were told we either stay in the farmhouse, or get out altogether. We used marital assets to build a new barn, a machinery storage building, a silo, grain drying and grain storage bins. I found out that his parents, who are now deceased, deeded the farm to him and his sister. She never worked on the farm, and lived in another state. She was deeded her parents house, and has moved in with her husband. She took a portion of our property (our house is on 1 acre) and put in a garden and uses it for parking when she has guests. Our property buts up next to her property. I was not agreeable, and I am paying the property taxes that includes this portion, but my husband begged me to allow it, as he doesn't want her causing problems with our farming the land. My concern is, that if we ever sold the house, she can "keep" the portion she took. I am also upset by the fact that if my husband passes before she does, she gets everything. What can I do? What happens to my equity in the buildings and grain bins? He refuses to discuss this. He has also mentioned the possibility of putting the farm in the farmland preservation program. Thank You.


Asked on 4/27/15, 9:01 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

The whole situation sounds like a nightmare. I would look to deal with this now instead of later. Possibly sell it and rid yourself of this whole thing. Before you do anything, you really need to sit down with a lawyer and come up with a plan.

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Answered on 4/27/15, 9:05 am


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