Legal Question in Family Law in New Jersey

Property responsibility

My husband filed for a divorce that I am contesting. We own a business. He is in the process of buying a $45,000.00 dollar truck with little down. Am I going to be responsible for any part of that. I also own my house, it's in my name only, was purchased before I married him. If he defaults on his loan can they go after my home?? Thank you.


Asked on 7/18/03, 9:04 pm

3 Answers from Attorneys

Edward Weinstein Law Office of Edward R. Weinstein

Re: Property responsibility

Thank you for your inquiry.

If the debt was incurred after your husband filed for the divorce, then you should not be responsible for that debt. Furthermore, it is during the course of the divorce that I would seek to protect your home from any potential creditors that he may have now or in the future.

As it would be my pleasure to speak to you regarding your divorce matter, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 7/21/03, 4:17 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Property responsibility

Hi,

Under New Jersey law, if the debt was incurred after your husband filed for the divorce, then you should not be responsible for that debt.

I would also recommend that you try to protect your assets, including your home from any other creditors or debt he maybe incurring.

Please feel free to contact my office at 856-489-8888 to discuss your issues.

Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.

Very truly yours,

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Answered on 7/22/03, 10:06 am
Bruce Matez Gerstein Grayson, LLP

Re: Property responsibility

Any debts which are incurred during the course of the marriage are considered to be marital property. However, generally a car loan will follow the car. In other words whoever gets the vehicle as part of equitable distribution will also be responsible for the loan or lease payments. If the house is in your name only, I do not know of any way in which the lender for the vehicle can place a lien against the property. If you would like to further discuss these issues, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 7/21/03, 9:44 am


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