Legal Question in Family Law in New Jersey
Legal Separation and House
My wife of 20 years has filed for a legal separation. She left me with the house, a $100,000 mortgage balance and 2 kids. Now, 5 months after-the-fact, she tells me that she ''only'' went to a lawyer to divide the property not for a divorce because she can't afford me (thank you). Suddenly she's been talking about the equity in the home and how I have to go and find the money to give her her share, which will be next to nearly impossible, because we filed for bankruptcy before she left our home so I cannot be approved for any type of loan any time soon. I was told previously that she cannot touch the home UNLESS she legally filed for a divorce. Was that incorrect? She pays NO child support, NO bills, zilch. She's the one who decided to leave to be with her new still-married boyfriend and I'M LEFT HOLDING THE BAG?
Something's not fair here. Oh, I was injured in a car accident and survive on permanent long-term disability checks. Help!
3 Answers from Attorneys
Re: Legal Separation and House
Legal Separation does not exist in New Jersey. The only thing that is close is an action for Separate Maintenance, but the separation would have had to have been involuntary. Parties also negotiate Separation Agreements, which are essentially contracts.
A Complaint for Divorce must be filed before a Court can get involved. If your situation is unfair, and you do not intend to wait for your wife to take her time with the filing (which may occur), consider filing for divorce first. Let us know what you decide, and whether we might be of some further assistance.
Re: Legal Separation and House
Hi. Your wife cannot force you to leave the house. If she did leave, you can file to obtain child support from her. Further, if you want her to contribute to the household expenses you would need to file a divorce complaint. The only way she can obtain the equity from the house is if a Court orders the distribution after either one of you has filed for a divorce. Please feel free to call my office to set up an appointment.
Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.
Re: Legal Separation and House
The only way that the Court has jurisdiction to determine the distribution of the equity in your home is through a divorce litigation. Otherwise, she can not force you to sell, refinance, etc. She will have to file for divorce at some point. If you would like to further discuss this or any other issues relating to same, please feel free to contact my secretary, Debbie at 856-795-6700.
By the way, there is no such thing as a "legal separation" in New Jersey.
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