Legal Question in Family Law in New Jersey

pre-marital home

I bought my home in 1976. I married in 1988. I am separated now as of September.

My husband only helped me pay 10 years on the mortgage and if that because he really only covered his expenses. What is he entitled to? He said he owns my home.


Asked on 12/27/06, 8:53 am

4 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: pre-marital home

This is a question of equitable distribution and whether any of the asset is exempt from equitable distribution. It is hard to say based on the limited information you provided, but my short answer is that at least the increase in value from 1988 is subject to equitable distribution. However, he does not own the home.

would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of 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 12/27/06, 9:32 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: pre-marital home

If you never changed the Deed, he may be entitled to a share, no more then 50%, of the increased value from 1988 until he left. You should see an attorney to protect your rights. If I can be of help, please call my office for an appointment.

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Answered on 12/27/06, 10:02 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: pre-marital home

No he doesn't own the home, but he'll get anywhere from the amount he paid in to half the increase in the equity since 1988. Of course, 98% of divorces settle and you could give him anything as part of the settlement.

I'm guessing you don't have an attorney or else you wouldn't be asking this question. I strongly suggest you get one. My initial consultations are always free, so feel free to call me at 732/247/3340.

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Answered on 12/27/06, 10:05 am
Gary Moore Gary Moore Attorney At Law

Re: pre-marital home

If you added your husband's name to the deed for the house you gifted half of the house to him.

If he only helped pay the mortgage he owns nothing; he was paying rent. He is entitled to one half of any increase in value of the house attributable to work done on the house by him.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/27/06, 10:58 am


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