Q: Can my husband get a less share in the properties after divorce?

A: You need an in person consultation and a review of all documents, as well as your entire situation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

A: Hi, and thanks for asking your question. Equitable distribution here in New Jersey can certainly get a little complex and your particular situation is even a little more complicated given the fact that there are multiple owners of these properties. I can do my best to answer you generally on this open forum, but more information regarding the details of your marriage and of the properties would be requested in a consultation with an attorney. For instance, how long were you married? When and how did you get the property? Of course, do not be too specific on this general webpage.

Distribution of property in New Jersey is done equitably or fairly in a divorce and fairly does not always mean equally. When looking at how to divide the property the court will want to know when it was acquired, how it was acquired (i.e. by inheritance, which is typically NOT divided in a divorce) and what the spouse put into the property. Did your spouse contribute to the purchase? Did your spouse pay any mortgages on the properties? Did your spouse pay to have any improvements done on the properties? Did your spouse build or improve the properties with his own hands? All of these questions need to be answered. And, if your spouse did contribute in any way, that contribution can be given back to them even if the contribution was what we call "sweat equity" or equity put into a property by the person's own two hands. So, as you can see, your spouse MAY be entitled to a percentage along with your co-owners. But, more analysis and information is needed.

It is a great idea to at least talk to a family law attorney to get more tailored advice. Our practice is state-wide, but many other family law attorneys do also offer free consultations. Hoping this was at least a bit helpful! Regards, Bari.