Legal Question in Family Law in New Jersey
Husband's name not on deed, but he wont leave
My sister purchased a house a year before she and her husband marrierd, his name is not on the deed, he has committed adultry, women constantly call the house, he pays NOTHING towards the bills, but has been employed on and off again. His money goes toward his party life. He no longer sleeps with my sister, and he does not pay anything towards the upkeep of his son who is eight. He also stole $200 from her bank account. She said a lawyer told her he is entitled to some of the equity in the house, and that she cannot put him out until the divorce, and that she is not entitled to a restraining order, because he has not hit or threatened her. He has called her out of her name and is frequently gone from home for days at a time
2 Answers from Attorneys
Re: Husband's name not on deed, but he wont leave
Property acquired by a spouse prior to the marriage independently from her spouse is exempt from equitable distribution unless it can be demonstrated that the other spouse made improvements on the property which inhanced the value of the property beyond normal appreciation in the property's value. It is the inhancement in property value for which the other spouse is responsible of which that spouse would receive one half of its value. From what you say the house seems to be completely exempt from equitable distribution.
Domestic violence includes conduct which does not cause physical injury or involve a threat of bodily harm. Domestic violence is the commission of one of numerous criminal offenses upon you domestic partner. You should go to my website and review the page on domestic violence. It seems certain that there has been some kind of misconduct that would constitute trespass or harassment. You can call me for further explanation.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Husband's name not on deed, but he wont leave
Be careful of advice without a full consultation. There is an area of law dealing with assets purchased "in contemplation of marriage". If the house was purchased with the intent that it become the marital dwelling, the asset IS subject to equitable distribution. The extent of such distribution can be zero - they key is that it is "subject to" equitable distribution.
As for domestic violence, assault is only one of the factors for domestic violence. Your sister should provide ALL of the details to a qualified matrimonial attorney for advice.
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