Legal Question in Family Law in New Jersey

Re: Does Wife Have to Wait Until My Youngest Boy Turns 18?

The equitable distribution of assets will determine whether or not you can stay in the home or will have to sell, generally. It will depend upon whether you have other assets with which to buy out your Wife's interest in the marital home. I have seen cases which have gone both ways, sale of the home and allow one party to remain until the children have all graduated college. Again, it depends upon the money involved. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

Re: Spouse remaining in house with unemancipated children

Often, depending upon the circumstances, the parent of primary residence will remain in the marital household with the minor children, guaranteeing the right of the other spouse to obtain his/her interest upon sale of the property. There are many ways to accomplish this. Your main concern is having a roof over your head and over the heads of your children, and having enough money to pay for all of this. There is no hard and fast rule how to accomplish these goals and the manner in which this is handled is different from case to case. Certainly the Judge will give substantial consideration to your physical condition and your fixed income. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner