Sicklerville, NJ asked in Divorce, Family Law and Real Estate Law for New Jersey

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

If a divorce occurs would she get any part of house?

1 Lawyer Answer
Michael A. Conte
Michael A. Conte
Answered
  • Pennington, NJ
  • Licensed in New Jersey

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.

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