• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property in equitable states what happens here!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

babbagene

Junior Member
What is the name of your state (only U.S. law)? NJ
Please Help: My wife and I are going through a divorce , and I have a question about the home that is under both our names (we live in NJ , an equitable state).
We have been married for 18 years and have 2 children ages 5 and 15, we are settling on joint custody with the children to remain with me in our home ., my wife is moving out.
I bought the home with my settlement money from an accident in 2002, the settlement monies were deposited only in my name and into a checking account (also only in my name), I purchased the home and paid for it with a check from my checking account which was setup by the insurance company paying my settlement. The check only has my name and signature on it, but I do have proof that it was paid directly from settlement money awarded to only myself.
My question is that being I live in a equitable state I am pretty sure this home does NOT get split up 50%-50%. I am wondering what you guys think would be the amount given to my wife based on the home being valued at $300,000, or what % of the home monetarily wise she would be entitled to (her name is on the home).
I am on SSDI and receive $1943 per month, my wife works and makes $360 per week , but has not ever contributed a penny to the bills for the house in any way shape or form.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ
Please Help: My wife and I are going through a divorce , and I have a question about the home that is under both our names (we live in NJ , an equitable state).
We have been married for 18 years and have 2 children ages 5 and 15, we are settling on joint custody with the children to remain with me in our home ., my wife is moving out.
I bought the home with my settlement money from an accident in 2002, the settlement monies were deposited only in my name and into a checking account (also only in my name), I purchased the home and paid for it with a check from my checking account which was setup by the insurance company paying my settlement. The check only has my name and signature on it, but I do have proof that it was paid directly from settlement money awarded to only myself.
My question is that being I live in a equitable state I am pretty sure this home does NOT get split up 50%-50%. I am wondering what you guys think would be the amount given to my wife based on the home being valued at $300,000, or what % of the home monetarily wise she would be entitled to (her name is on the home).
I am on SSDI and receive $1943 per month, my wife works and makes $360 per week , but has not ever contributed a penny to the bills for the house in any way shape or form.
Even in an equitable division state, if she is a joint owner of the property, no matter where the money came from to buy it, the equity in the home is split 50/50. You might be able to get a judge to order a variation from that, but its not very likely.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top