Legal Question in Family Law in New Jersey

Inheritance/divorce

I have been married for 31 yrs. My husband lost his job over 2 yrs. ago. He found a job in Florida last June and located there. Eventually I agreed to move there but I first had to sell my inherited house. It has taken me so long to clear the house because I had to clear the contents of my family out first, and have just put it up for sale last week. Now he wants a divorce and 1/2 of the profits as he says now I have to sell the house. We had taken out 2 loans for 150,000 each, as we got into credit card debt after my inheritance was spent. The first one he claimed I wasted and the second one, he has all control over and now has $30,000 which he refuses to let me touch as he claims I did not do good with the finances and wasted the inheritance. The house is in my name. Thank you for your time. I appreciate any advice you can help me with.


Asked on 1/16/06, 6:08 pm

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Inheritance/divorce

Hi,

You definately raise alot of issues that need to be explored with experienced counsel. First, the general rule of thumb is that all property of a marriage is subject to equitable distribution, meaning it is equally divided. As with most laws, there are exceptions to this law. You might be entitled to some exclusion or credit for part of the equity in the home because it was part of your inheritance. Without more information it is hard to know if this would apply.

You should definately seek counsel in New Jersey and protect your rights and assets. Good luck, and if we can help please feel free to call for a free consultation if you mention this site.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/17/06, 9:22 am
Robert Davies The Davies Law Firm, P.A.

Re: Inheritance/divorce

After 31 years, it is going to be a lot more complicated than him just demanding and getting a piece of the proceeds of your inherited house. You have a lot of things to be carefully reviewed with an attorney. You may be entitled to permanent support from him (i know he lost his job), and you will be entitled to an equitable division of all of the assets which you and he accumulated in this very long marriage. That includes pensions.

You really must sit down with an experienced divorce attorney. There is too much at risk to try to do this on your own.

If you would like, give me a call. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/16/06, 6:38 pm


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