Q: If a marriage lasts 2 months, does the wife have legal claim to husbands house he owned before they were married?
Husband had no will and property is located in NJ,not michigan
A: Well, anyone can say they have a "legal claim" to most anything. The real question is whether they're likely to be successful. And, assuming there's no prenuptial agreement between you and your wife, there's some bad and good news you should be aware of. On the downside, New Jersey law requires courts to use "equitable distribution" when dividing both real and personal property between divorcing parties. Most people think equitable distribution means "equal" but it does not; it simply means "fair." While "fair" may have nice connotations, during a divorce this is too often not the case. Instead, it's where divorce can get really ugly. Why? Because what might seem fair to you, may not seem fair to her. For example, if you and your soon-to-be ex-wife cannot agree on how to divide up the marital assets (such as the home), the decisions will have to be made through litigation and, ultimately, the court. On the other hand, based on only the two facts provided in your question, it sounds like there's an upshot in your case. The law used for determining obligations during a divorce has certain aspects that should favor your case. For instance, the law differentiates between things like alimony and property. Unlike what a court considers when awarding alimony, property is viewed based on the contribution each party made during the marriage towards the accumulation of any marital asset. Therefore, since you say you already owned the home prior to your marriage and that the marriage only lasted two months, you should be in a good position to defend your property rights in the event of an adversarial divorce. But, like in all cases, it really depends on the specific facts of your case. You should feel free to call me for a free consultation.
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