Legal Question in Family Law in New Jersey

Re: Purchasing a Home while in the process of a divorce

Only his share of the residence could be deemed a marital asset. If there is a fully executed property settlement agreement signed by both parties and witnessed by their respective attorneys and he is using fund to which he is entitled under the agreement to buy the house with you you are probably safe in buying the house. You should read the agreement for yourself.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Purchasing a Home while in the process of a divorce

It is impossible to answer this question without knowing a lot more about the situation. You should not do this, but you already know that. When he is divorced, finished and done, then he will be able to purchase a home.

You would need a lawyer to look into his situation, and advise you.

There is another big problem: you and he are actually becoming partners in the ownership of this home. I have dealt with several boyfriend-girlfriend situations where things went bad. Very bad. As in bitter disputes going to court bad. And those couples were sure that they would last forever.

I have prepared (either working only for the guy, and the girl gets her own lawyer if she wants to, or working only for the girl, NEVER for both) and had both parties sign a partnership agreement ahead of time, that says who pays for what, and who gets what when the house is sold. That is something you really need.

Please call my office if I can assist you. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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