Morristown, NJ asked in Divorce for New Jersey

Q: my husband cheated & both of our names are on the deed to the house I paid the mortage from my bank act can he take half

(New York) I also have a pension, and make more money than him but have paid for everything during our whole marriage and he cheated on me and wants to leave me but wants me to pay him for half the house when all the mortage payments have came from my personal bank account. Is there anything I can do?

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1 Lawyer Answer
Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: I'm so sorry that you are going through this tough situation. You bring up several issues in your question that would have to be explored a bit more in order to give you really sound and complete advice. But, I can give you some general guidelines in the hopes that that helps you.

New Jersey is an equitable distribution state, meaning that marital assets are divided equitably, or fairly, and not necessarily 50/50. The court looks at your marriage like a business: who contributed what? Who brought what to the table? How do we divide up these assets or debts fairly? The first step is to determine what is martial property (property that was gotten during the marriage) and then figure out how that property should be divided.

Your house would indeed be seen as marital property if it was purchase during your marriage (I am assuming it was) and therefore, would be subject to division. But, the court will evaluate who contributed to the property and how. You indicate that you have paid the entire mortgage. That would be taken into account. The court will also want to know if your husband has put any money at all into the home, including home improvements, upkeep, etc. That would be taken into account as well. Bottom line is, how would the house be divided fairly?

Since you indicate you financially support him, you may be on the hook for spousal support, but again, more information would be needed. Did your husband ever work? What is his education level? Do you have children? Of course, do not share too much personal information on this open forum.

Pensions are different and can be complicated. The general rule is that a spouse is entitled to one-half of what was put into the pension during the term of the marriage, so from date of marriage to the date of the filing of the complaint for divorce.

It is important to know that NJ is a no-fault divorce state. So, while adultery is terribly painful, courts do not punish bad behavior by giving one spouse more money or giving the cheating spouse less. If you spouse spent marital money on the affair, however, he could be liable to put that money back into the marital pot.

As you can see, divorce law is very fact specific and depends greatly on your specific circumstances. I advise you to talk to an attorney and at least get some detailed advice. We have offices throughout New Jersey and many other family law attorneys offer free consults, as well.

I hope this was helpful. Regards, Bari

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