Legal Question in Family Law in New Jersey
Property Division
A recent question was asked about equtiable property distirbution where one spouse pays all the bills including the mortgatge.
What about the scenario where the wife has always worked and has income. The husband makes more than his wife and has paid all bills including the mortgage since the house was first purchase.
Wouldn't the husband be entitled to 2/3 of the property value since he paid all bills and maintenance for the home. The wife has good income but did not contribute to the mortgage or other maintenance bills. Additionally the wife is about to be tenured in her profession.
2 Answers from Attorneys
Re: Property Division
The question cannot be answered definitively. Courts do not engage in a mathmatical calculation to determine what percentage of bills were paid by which spouse and then determine equitable distribution on that basis. Again, even though the wife did not contribute to the mortgage or house maintenance, she must have contributed to something. Did she buy food? Pay for entertainment? Put gas in both cars? Bottom line - you need an experienced attorney to work closely with you to advance your position in a positive and creative way. My best advice is to seek legal counsel. Good luck!
Re: Property Division
The only thing I ca say for certain is that all the martial assets will be distributed. I cannot say, with certainty the percentages. That will only be determined through either a negotiated settlement or a trial.
You need legal representation; I suggest you contact an attorney. Let me know if I can be of help.
Daniel Clement
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