Legal Question in Family Law in New Jersey

keeping the house

when seperated, not legally, how is it legal for 1 of the spouces to keep the house, primarily the wife(myself) when the house is in both names.


Asked on 3/24/09, 10:44 am

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: keeping the house

Forget about a legal separation; that is merely a divorce without a divorce where the parties can go their separate ways, but are still married. No one gets a legal separation because they remain married.

A property settlement agreement usually contains the mutual agreement for the parties to go their separate ways and divides the marital property, but this is a purely voluntary agreement.

So far as your keeping the house answering the question depends on a number of variables. You might give me a call.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/24/09, 11:10 am
Gary Moore Gary Moore Attorney At Law

Re: keeping the house

Forget about a legal separation; that is merely a divorce without a divorce where the parties can go their separate ways, but are still married. No one gets a legal separation because they remain married.

A property settlement agreement usually contains the mutual agreement for the parties to go their separate ways and divides the marital property, but this is a purely voluntary agreement.

So far as your keeping the house answering the question depends on a number of variables. You might give me a call.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 3/24/09, 11:10 am
Gary Moore Gary Moore Attorney At Law

Re: keeping the house

Forget about a legal separation; that is merely a divorce without a divorce where the parties can go their separate ways, but are still married. No one gets a legal separation because they remain married.

A property settlement agreement usually contains the mutual agreement for the parties to go their separate ways and divides the marital property, but this is a purely voluntary agreement.

So far as your keeping the house answering the question depends on a number of variables. You might give me a call.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 3/24/09, 11:10 am
Robert Davies The Davies Law Firm, P.A.

Re: keeping the house

You need a divorce attorney. Being separated but not getting a divorce will cause you a great deal, a lot of trouble. I just got a man divorced who was separated from 1995 until 2008, and when he went to get a divorce, he lost a great deal more money to his exwife than if he took action when she left the house and three kids for him to raise.

Let me summarize what SEEMS to be your situation:

Your spouse has created some kind of painful disaster.

From what you have said, it seems very likely that you are going to have to start a divorce. You need to solve some problems in your life and your children's lives, and a divorce is pretty much needed; that is what I understand that you are saying.

Employment, income to pay the family's expenses, is an issue.

You have kids: custody and vistation, and child support are issues.

Child support and college tuition needs to be paid. Measured in tens of thousand of dollars.

You probably have a house and some money saved. You probably have a pension plan; maybe your spouse has a pension plan.

You need to see a decent, experienced divorce attorney located reasonably near you, and have the attorney to review your situation carefully with you, and give you some guidance. A good attorney could save you thousands of dollars and a great deal of heartache, make your life more manageable, and reduce the harm to the kids. When choosing an attorney, make sure it is someone whose personality works for you, someone you can work with.

If you would like, give me a call; I am in northern New Jersey right across the street from the Bergen County Courthouse in Hackensack. I will be happy to discuss this with you; the telephone consultation will be free.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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 3/24/09, 11:50 am


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