Legal Question in Family Law in New Jersey
Property & Equitable Distribution
I am divorcing my wife. She lives in NY. I live in NJ. I filed for divorce in NJ. Very recently I acquired a property that was left to me in my father's will. The property is in NY. I did not have title to the property at the time I filed for divorce in July 2007. Can my wife claim that the property is subject to equitable distribution?
2 Answers from Attorneys
Re: Property & Equitable Distribution
I wouldn't worry about that. But questions like this are going to come up. I strongly suggest you get an attorney to help you. There is just no reason not to have one.
Re: Property & Equitable Distribution
Be careful not to use the word "acquired." You should state that you inherited the property because saying you acquired something sounds like you earned it. Inherited items are not part of the marital estate
and are thereby not subject to equitable distribution in a divorce.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com