Legal Question in Family Law in New Jersey

marital residence

Me and wife separated 3 years ago. She went and bought another home as sole owner. I moved into that home for about a month. We separated again for good and I moved back into our marital home here. Am I entitled to any proceeds from her home there when she sells having lived there briefly???

thank you


Asked on 3/29/01, 11:59 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: marital residence

Technically, yes; but from a practical standpoint, no. You would have a claim for the increase in value of the home during the time that you lived there. Calculation of that increase would be problematic and in light of the short period of time that you lived there, it is unlikely that the cost of evaluation would exceed your interest. 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. Since it appears that you have not retained an attorney, before you take any further 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 LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 6/01/01, 4:56 pm


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