Legal Question in Family Law in New Jersey
property settlement and abondonement
kicked my husband out 4 mos ago, he forceably moved back in, forcing me to move out. My 7 year old spends most time with him. will this hurt my divorce and custody case? is this considered abondonement because I walked away from the house? would it make sense to move back in? I want full custody of my daughter. have stopped helping to pay the mtg too. will I lose my interest in the property if/when sold?
2 Answers from Attorneys
Re: property settlement and abondonement
You will not lose your interest in the home. However you do lose some control over it by not being there. You have to trust that he will maintain it in good condition, pay the mortgage, bills, etc. Also, if you have left your child with him it may indicate to the Court that you are ok with the arrangement and his care of your child. There are many reasons why people move out of their homes in these situations. The legal ramifications are just a part of the things you need to consider. If you would like to further discuss this issue, please feel free to contact my secretary, Debbie, to schedule a consultation. 856-795-6700
Re: property settlement and abondonement
You will be entitled to half of everything acquired from the time of the wedding ceremony to the date of the filing of the divorce complaint. You husband has sole use and occupancy of the house and, in the short term, it is only fair that he pay for same.
You should exercise your right to visitation frequently as possible. Equal sharing of time with your child is the norm and the goal for the court.
Beyond this, call me for additonal information.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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