Legal Question in Family Law in New Jersey
Property Rights after Divorce
What right does my ex husband have to property acquired jointly that was not discussed in the divorce proceedings or in the property settlement, if we have been divorced for 1 year and he has been removed from the house for over a year and a half?
1 Answer from Attorneys
Re: Property Rights after Divorce
If it was truly overlooked when equitable distribution was decided, he would have an interest in that property and the Court would need to determine the issue if the two of you could not. You should seek the advice of your divorce attorney to see if that property was truly overlooked or whether it was included. Most agreements utilize some general language concerning the fact that any property in the possession of the party that is specifically unstated belongs, after the divorce, to the possessor. If you want me to assist you, feel free to call my office at 609-546-8010. Good luck!