Property Division | Middlesex, Monmouth, Union, and Ocean Counties
Property Division
Divorce not only terminates the partnership between spouses, but also requires that their previously shared property be divided. While any property bought prior to the marriage usually remains with the original owner, anything purchased afterwards is often heavily debated during divorce. Serving the Middlesex, Monmouth, Union, and Ocean county areas for many years, we know the extent of work and effort that is affiliated with property division.
What happens to property and debt during a divorce?
The easiest method of property division is to decide among ourselves. However, most divorcing couples are not able to peacefully negotiate such vital details, it is usually decided in court. In the state of New Jersey, property division is usually handled through Equitable Distribution. This means that a judge decides what a fair arrangement between the two spouses is.
Who gets the house?
This big questions is decided by a lot of circumstances. For example, if children are involved, the typically whoever does the majority of raising them keeps the home. However, if no children are involved, and one spouse purchased the house with their own funds, then they legally own the house and their partner is required by law to vacate.
If no children are involved, then the decision will rely on the court. While neither party has the rights to ask the other to leave, it can be requested. If no agreement can be reached between spouses, the court will decide based on the state laws and property system in place.
In certain cases, spouses do not usually have the rights to lock out or prevent the other from entering the home. The major exception being cases that involve domestic abuse and/or violence. In which case seek a restraining order and call a domestic abuse hotline.
Even though some divorce cases can become very toxic, DO NOT claim the other party guilty of domestic violence out of spite. If you do so, or if a judge believes you have done so, it can critically damage and cripple your rights to material property, as well as the house.
Our law office is located in Manalapan. Contact us by contact form or call (732) 972-1600 to schedule a convenient appointment. Evening and weekend appointments are available.
Manalapan NJ is not the only community we serve, we also provide services for all of Monmouth County including but not limited to:
- Divorce and Family Law Services for Colts Neck NJ
- Divorce and Family Law Services for Farmingdale NJ
- Divorce and Family Law Services for Red Bank NJ
We take Property Division cases throughout New Jersey, to include Monmouth, Middlesex, Ocean, Somerset, Burlington, Mercer, Morris, Bergen, Essex, Union, and Hudson Counties.
