Legal Question in Family Law in New Jersey

Marital Assets during Separation

My husband and I have been separated 9 months, I have to wait 9 more months to file for my divorce in NJ (18 month separation). Currently he has the home and I have the children. The only reason I didn't keep the home was I couldn't afford the payments on my salary. But both of our names are on the deed and mortgage. Can we have his girlfriend move in even though I don't want that and I still have ownership rights to the home? I've been asking him to refinance the house to let me get my equity out and then she could move in, but he claims he can't afford that and doesn't want to make her wait, even though he's only known her a couple of weeks. Do I have any legal rights to who lives in my house?


Asked on 10/11/05, 3:09 pm

3 Answers from Attorneys
Barry Kozyra Kozyra & Hartz, LLC

Re: Marital Assets during Separation

Under New Jersey family law, there are grounds for filing for divorce other than filing a complaint for divorce based on an 18-months separation. Depending on the specific facts of your situation, you may be able to file for divorce sooner than 9 months from now. With respect to the �former marital residence,� there are several options you may have as to the �equitable distribution� of the home and / or your interest in who resides there.

Our firm has experience in handling these types of matters and can discuss your options with you.

If you would like to further discuss this matter with us, please contact Kozyra & Hartz, LLC, and ask to speak to Candice M. Alfonso. Please also refer to your posting when calling.

Thank You,

Candice M. Alfonso, Esq.

Kozyra & Hartz, LLC

140 Eagle Rock Avenue

Roseland, New Jersey 07068

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Answered on 10/12/05, 9:37 am
Robert Davies The Davies Law Firm, P.A.

Re: Marital Assets during Separation

You absolutely positively need to sit down and speak to a divorce attorney. Your message indicates that you really do not have any idea what your rights are. You can very likely improve your situation, and more importantly, your children's lives if you do so.

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Answered on 10/11/05, 3:44 pm
Drew Hurley Law Offices of Drew M. Hurley

Re: Marital Assets during Separation

You may well wish to choose to file for divorce based on a ground other than 18-month separation which would permit you to file immediately. Once the divorce is filed for you can seek relief in Court to have the house sold or have your husband buy you out. You also should get child support and releif on other issues.

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Answered on 10/11/05, 7:46 pm


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