Legal Question in Family Law in New Jersey

Inherited House

In 1984 my father purchased a house (I lived there and made the payments). He passed away in 1988 and left everything to me including an existing mortgage. Deed to the house was placed in my name in 1989. Remarried in 1995. Mortgage was in my name until we refinanced the house in 1997 to pay off some existing bills (mort co would not refinace unless husband signed paperwork), 2d mortgage obtained in Feb 99 to pay off furniture and spa. Present husband asked for a divorce in Apr 99. Since his name is not on the deed is he entitled to any part of the house? If so, how much. Does he have to continue to help pay the 1st and 2d mort since his name is on that paperwork?

thanks for your help


Asked on 8/05/99, 9:04 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Inherited House

Your husband has some interest in the house, but certainly not as much as you do. This is because it served as the marital household for some time. Also, the fact that he is on the mortgages (which he continues to have an obligation on) and presumably contributed to payments on the mortgage gives him support for his position concerning interest in the property. You need to get the advice of an attorney to go over the facts in detail and strategize so that his interest is limited as much as possible. If you want to discuss this further, feel free to call me at 609-546-8010. Good Luck!

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Answered on 8/07/99, 11:20 pm


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