Legal Question in Real Estate Law in New Jersey

I'm separated from my husband. We have a house and a landscaping business together. Last year we decided I'd keep the house and he'd keep the business. He asked if he could still use the big garage for the business and I said yes. Now he's saying the garage is his because the business paid for it however it's on the property we agreed I'd keep. I've been paying the property taxes for the last 3 1/2 years we've been separated. I asked him to maintain my lawn in return for the use of the garage ( he stopped doing it last year). He said no. I felt this was a reasonable request because he doesn't pay rent to continue using the garage. Who's garage is it legally and if it's considered his doesn't he still owe me for it being on my property?


Asked on 5/27/16, 10:35 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

It's highly unlikely that you can separate ownership of the garage from the house. Are they attached? If so, you probably can't go through a "subdivision" and deed the garage part to him. It would be a matter of Township or Municipal Ordinances, which you could check. There are lot size and set-back requirements for subdivision.

If you are in the midst of divorce proceedings, your divorce lawyers should be working out a property settlement agreement that covers this aspect. Don't leave it out of the agreement. As you can see, it's already an issue. You don't want to have to go to court to settle it after your marriage is settled. Get a divorce lawyer to represent you instead of dealing directly with your husband. There are many more issues to work out when you own a business together. You will have tax and other liabilities that will come up later, and you should deal with those now.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 5/27/16, 11:13 am


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