Legal Question in Family Law in New Jersey
Inheritance bought the house who gets it
My husband received an inheritance from his moms estate when she passed away in the form of cash proceeds from the sale of her home and life insurance, etc. that was 2 years ago. We purchased a home with this money as a down payment. The house is only in his name. I am a stay at home mom with 3 children at home. He is the father of one child. He will not let me work. I am in an abusive situation with him.If we divorce, what happens to the home. Does it get sold? Does he get it and I have to leave. Do I get to stay and he has to leave. What about my children, we have nowhere to go.
2 Answers from Attorneys
Re: disposition of home upon divorce
Your question cannot be easily answered in that there are so many factors that would change the answer. In general, since it has been your marital home, you also have an interest in the home. Although the inheritance would seem to be his alone and not subject to equitable distribution, the fact that he put it into a marital home may arguably take away from its character as a non-distributable asset. And, in any case, he still has the obligation to support his kids and you, the stay at home mom. Bottom line - you need an attorney. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you need to contact an attorney immediately (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner
Re: Inheritance bought the house who gets it
Thank you for your inquiry.
While inheritance received by a spouse is usually not subject to equitable distribution, I would argue that your husband merged these funds in to the marital estate because you have resided in the house as husband and wife notwithstanding the fact that the house is in his name alone. Therefore, he would likely need to refinance in order to buyout your interest. However, I need to learn more facts before drawing any definite conclusions.
As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
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