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?


Asked on 4/27/08, 1:35 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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.

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Answered on 4/27/08, 1:41 pm
Gary Moore Gary Moore Attorney At Law

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

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Answered on 4/27/08, 5:00 pm


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