Edgewater, NJ asked in Divorce for New Jersey

Q: I just filed for divorce we were married going on three years and purchased a house two years ago I put the down payment

With money I had before we were married will I get that back before splitting everything up from the sale of the house

Related Topics:
3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Your entire financial situation will be taken into account and nothing will be determined "in a vacuum" 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.

Elena K. Weitz
Elena K. Weitz
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: It’s not automatic that you will get that money back. Another option is to receive more than 50% of the equity based on the money you put down. The outcome really depends on the details of the purchase and the property after the purchase. You need a strong attorney representing you to fight on your behalf; consider consulting and retaining an experienced attorney for your divorce.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I would be happy to assist.

I understand your concerns relating to premarital funds that were used to purchase a marital home. As part of divorce, there needs to equitable distribution of properties that were acquired during the marriage. Depending on where funds were from and how money was used during the marriage is a factor that will dictate how certain properties will be disposed during a divorce. In most divorces, the distribution of marital assets can be a complex issues that may be difficult in resolving. For this reason, it would be wise to contact an experienced family law attorney to address your specific concerns.

I hope this information was helpful to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.