Legal Question in Family Law in New Jersey
Property After Divorce
My sister-in-law and her husband divorced 5 years ago. They never divided their property. The house is on both names. My sister-in-law asked her ex-husband is she could get a equity loan on the house. He agreed. With that money she purchased a business. Is her husband entitle to the business? They want to legally divide the property. My question is would he be entitled to her business?
4 Answers from Attorneys
Re: Property After Divorce
Your sister-in-law has made a mess of things. Her soon-to-be-ex husband is in fact her husband, and she used joint assets to start the business. He might have a claim to a piece of it, yes.
She needs a lawyer. Today. Now.
Please have her meet with an experienced divorce attorney located reasonably near her. It is crazy for her to put huge time and effort into her business, and have him come along and walk away with a large piece of the value of her business.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.
Re: Property After Divorce
Your question does not make sense, how did they divorce 5 years ago without dividing the property? As part of a divorce, even a divorce from bed and board, all issues of equitable distribution have to be resolved. It is common in a divorce for the marital home to remain in both names until the kids are grown. I would need to see the divorce judgment and/or property settlement agreement to give you an answer.
Please 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. I will give you a free initial consultation.
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.
Re: Property After Divorce
If you are saying that the final judgment of divorce contained no Order
or agreement between the parties equitably distributing the property between the parties then we have an
unusual situation for a slew of reasons which I would prefer to explain either on the telephone or in person.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Property After Divorce
Yeah, I have to join the other attorneys by saying this is a real mess of a situation. He may have a claim to the business, but there is a way to handle all of this to avoid any problems. If he does decide to cause problems, there are still very good arguments to make that he should have no claim to the business. Call me at 732/247/3340 to discuss the case. My consultations are always free.
Good luck!