Legal Question in Family Law in New Jersey

Re: will by new home bought with my inherited money become community property

Gifts and inheritance acquired during a marriage are not part of the marital estate and are not subject to equitable distribution in a divorc. You must be careful not to make a gift of the property or whatever you buy with the proceeds of its sale by not allowing your spouse's name to be on any document relating to sale and by not allowing your spouse to make any contribution to or the maintenance of the property. It would be more prudent to file your complaint for divorce before you sell or buy anything because the filing of the divorce complaint is the end period of your marriage so far as equitable distribution is concerned and anything acquired after the filing of the divorce complaint is not marital property so long

as you do not use a marital asset to purchase it.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: will by new home bought with my inherited money become community property

New Jersey is not a community property state but does recognize equitable distribution. However, inheritances such as yours are not subject to equitable distribution as long as they are always kept as separate property.

This law firm has experience in both family law and real estate maters. You should consult further with an attorney to advise you and to protect your legal rights.