Q: My son settled on a house in 2004. The deed was recorded 2005. 2013 he married and has 3 kids. If divorced would wife ge

A: Hello and thank you for your question. I will certainly try to give you the best information, here, but more information regarding your son and the marriage would be needed for a really detailed answer. With regard to property division and divorce, New Jersey is what they call and equitable distribution state. Equitable distribution means a fair division of property and fair does not always mean 50/50. The fact that your son purchased the home prior to marriage means that it is what we call premarital property and premarital property is not usually subject to equitable distribution in a divorce.

I say "usually" because the court does look at all factors surrounding a piece of property in a divorce to be sure that how they order it divided is fair. Did you son's wife contribute any money to the property? Did she contribute to the mortgage? Did she pay for any improvements like an addition or contribute any money towards major repairs? Did she invest what is called "sweat equity" in the property, meaning did she, with her own two hands, make improvements to the home? The court will weigh all of this information and if it is seen that she DID contribute to the house in some way, she may be entitled to be compensated for the contribution.

I encourage your son to have at least a consult with an attorney. Many offer free consults as we do and your son can discuss the specifics with regard to the house and get more tailored advice on how to move forward. Hoping this was helpful. Regards, Bari.

A: If it is his premarital property, the only claim she might attempt is for a portion of the appreciated value of the property during the marriage. That is, if the house was worth $200,000 on the date of the marriage with a $100,000 mortgage (so total equity in the house was $100,000 on that date), but then another $100,000 of marital money was spent to improve the property during the marriage and the mortgage principal was paid-down another $20,000 (the mortgage balance is now $80,000) and the house is appraised as of the date of the divorce complaint to be worth $300,000, then she has a good set of arguments that she is entitled to some fair percentage the increased value. In the above hypothetical, the value increased by $120,000 --- from $100,000 (the equity at the time of the marriage), to $220,000 at the time of the divorce complaint ($300,000 less $80,000 mortgage = $220,000). She would be entitled to some portion of that $120,000. Of course the outcome in your son's case would be driven by the specific facts and circumstances of his case. If he hasn't already, he should consult with an attorney who primarily practices family/matrimonial law.