Legal Question in Family Law in New Jersey

what happens if I leave the house

we are about to separate, but we own a house. been married for 2 1/2 years a baby of 13 months, she also owns a condo. if i leave the house and she doesn't want to put the house for sale what is my right to get my share of the house and would it be considered abandonment or desertion? do i have the right to put the hosue for sale?


Asked on 1/24/03, 8:51 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: what happens if I leave the house

Equitable distribution of assets is not affected by "who leaves first". Whatever your interest is in the house, it is the same, no matter who is living there. On the other hand, whether you can immediately get your equity in the house is another issue. Especially where young children are involved, the Court is sometimes hesitant to force a sale of the family's home. That doesn't mean that you lose your equity in the house. It may only mean that receiving same may be delayed. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 1/24/03, 9:00 am
Gary Moore Gary Moore Attorney At Law

Re: what happens if I leave the house

You retain your entitlement to share in property, real estate and person property, acquired during the marriage. You may leave the house but are required to pay child support and perhaps temporary alimony if your wife is not employable.

You should call me at 800 273 7933 for a better explanation and, perhaps, to schedule a consultation.

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Answered on 1/24/03, 10:31 am


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