Marrital Distribution

[GANG GREEN FAN]

Jurisdiction

New Jersey

I purchased my house in August 1989 for $ 165k. I put down $ 32k. I was married in July of 1991. Married 24 years, I paid for the house entirely. She never put a dime towards the payments. Is she entitled to any portion of the house ?

 

[Highwayman]

As long as separate property is kept separate and not mingled with or changed into marital property, it belongs only to the spouse who originally owned it, if it was purchased by you prior to the marriage.

You would be smart to consult with an attorney that specializes in divorce and family law to deal with all of your possible issues.

 

[army judge]

As long as separate property is kept separate and not mingled with or changed into marital property, it belongs only to the spouse who originally owned it, if it was purchased by you prior to the marriage.

You would be smart to consult with an attorney that specializes in divorce and family law to deal with all of your possible issues.

Well said, and all I can add is the other spouse will try to stake a claim against your stuff.
Maybe a lawyer can help you, mate.

 

[Highwayman]

IShe never put a dime towards the payments.

Actually that's not true. Money you earned during the marriage is marital so the mortgage was paid for with marital funds.

You should assume your wife will make an issue out of that - that's why it would be best to sit down with an attorney and discuss your situation.

 

[adjusterjack]

Is she entitled to any portion of the house ?

To answer that question you have to understand the difference between ownership and marital interest.

As long as your name was the only name on the deed, it's your sole and separate property.

However, you can be sure that your wife has accumulated a marital interest in the equity that has built up during the marriage.

Whatever that equity is you'll have to give her half, either in money or the equivalent in other assets.

If you don't have enough money or other assets you are likely going to have to sell your house to pay her.

Read up on New Jersey's equitable distribution laws:

New Jersey Divorce Source: New Jersey Property Division