NJ - Marital home not on deed

[bubbasmom]

What is the name of your state (only U.S. law)? New Jersey
I was married in 2008. I had my own house & my husband had a primary & a vacation house that he inherited coming into the marriage.
In early 2007 my husband sold his primary house with intention of knocking down the vacation house & building a primary residence for us with the proceeds from the sale of his house. When the new house was completed (April 2010) I sold my premarital house at a huge loss making an agreement that he would add me to the deed of the new house & we would be equal owners. We took out a joint HELOC in April to pay for the rest of the monies needed to complete the house BEFORE he put my name on the deed. Long story short he never put my name on the deed (nor do I believe he ever intended to). I am the primary bread winner in the marriage & have paid 75% of the household bills. The marriage is now coming to an end because of my health issues & he is choosing to leave. He is putting the house up for sale without my consent. He will not let me buy him out because the house value is much less then we paid for the house & said that he will not give me any money from the sale of the house because it is his. Can he do this?

 

[single317dad]

http://www.divorcesource.com/ds/newjersey/distribution-of-marital-property-4138.shtml

The equitable distribution law in New Jersey is similar to most equitable distribution states. New Jersey law directs the Court to consider fifteen factors in determining what is an equitable, fair and just division of assets. They are:

The duration of the marriage;
The age and physical and emotional health of the parties;
The income or property brought to the marriage by each party;
The standard of living established during the marriage;
Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
The economic circumstances of each party at the time the division of property becomes effective;
The income and earning capacity of each party including education background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
The contribution by each party to the education, training or earning power of the other;
The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;
The tax consequences of the proposed distribution to each party;
The present value of the property;
The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;
The debts and liabilities of the parties;
The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children; and
Any other factors which the court may deem relevant.
Based on these factors the Court can award a wife anywhere from zero to 100% of each marital asset and the same for the husband. Most of the time the Court awards anywhere from 40% to 60%.

The only exceptions are the following property if kept separate:

Inherited property - This is real estate or money or any other property inherited through a will or through inheritance laws of the state.
Property acquired prior to marriage - Ask was the asset acquired from the date of marriage to the date of filing of the Complaint for Divorce.
Gifts to you by a third person - Gifts from one spouse to another are marital assets.
Gifts to your husband by a third person.
If an asset was acquired prior to the marriage, and there is an increase in value due to direct action or work by the other partner, the increase in value may be a martial asset but not the asset itself.

While Divorcesource is not an official government resource, I find they're usually accurate and easier to understand than reading statutes directly. You can find that NJ statute at 2A:34-23.1

What this means to you is that if you and your husband cannot come to an agreement on the division of assets as a whole (including the house, and all other marital property), then a judge will decide on an equitable distribution (not necessarily 50%) based on the criteria above. You can ask the court for a temporary order to stop him from selling the house until the division is decided; otherwise it will be difficult to stop the sale if the deed is in his name only. That doesn't mean you're not entitled to any of the proceeds; that issue looks pretty complicated, and I'd recommend you consult an attorney to protect your interests in that matter. Do not accept the opposing party's opinion as fact in any event.

For example, your statement that you are "the primary bread-winner" could work for or against you, depending on the other factors that must be considered. It's really something that needs to be agreed by both parties or hammered out by attorneys.

 

[bubbasmom]

Thanks Much Single Dad! I plan to seek leagal advice, was just trying ease my mind until I get to one. I remembered something afteward, my husbands father changed the deed for this property before his death, wonder if that makes a difference. Was also thinking since the original house is no longer on the property & the new house was aquired after we were married it would help out. I am not looking to screw him over, which is funny because he sure is trying to stick it to me, just want what I feel is rightfully mine. I lost more on the sale of my house then I will gain on the sale of this house. Boy did I learn a lesson. Never again ;0)

 

[tuffbrk]

If you're the primary breadwinner, plan on paying alimony. Just in case you're thinking it's a five year marriage so it won't be an issue...There is a NJ Alimony reform organization that you might want to look into on the internet as well as NJ Women for Alimony Reform FB page. You can learn a lot by reading the posts by others. Good luck to you.

 

[LdiJ]

If you're the primary breadwinner, plan on paying alimony. Just in case you're thinking it's a five year marriage so it won't be an issue...There is a NJ Alimony reform organization that you might want to look into on the internet as well as NJ Women for Alimony Reform FB page. You can learn a lot by reading the posts by others. Good luck to you.

I don't think that alimony is a done deal here, at least not with the info we have so far...but if she does end up paying alimony, it will be for a fairly short period of time.

 

[Bali Hai]

I don't think that alimony is a done deal here, at least not with the info we have so far...but if she does end up paying alimony, it will be for a fairly short period of time.

Of course alimony is never a "done deal". Alimony just gets alot more attention when the wife is seeking it. But alas, times are changing and as tuffbrk intimated, women in NJ are now fed up with paying on a dead horse and are seeking change. And change will happen.

 

[tuffbrk]

It's a 5 year marriage. Wife admittedly paid 75% of bills during the marriage. He is entitled to spousal support and he will receive it. People married under 10 years are paying permanent alimony in NJ. It all depends upon the judge. Minimal that she will pay, if she gets a fair judge on a good day, is 30% of her income for half the length of the marriage. Her only hope is that stbx is reasonable and will accept either a buyout or choose to not accept alimony.