Blackwood, NJ asked in Divorce for New Jersey

Q: If a prop brought from my $ is trace back 2 me do I have rights to equity in a divorce, prop not in my name or his

Ive been married for 7 years in August. I want to obtain an equal share of the equity in my home since I will be leaving. The problem is OUR home is in his mothers name. The only reason this is so, is because in our previous house we acquired a lot of debt and two liens were put on the home. My husband transferred the property in his mothers name to avoid them taking the house but it backfired. We decided to sell and move the property was sold for 140,000 grand This Property as paid off by me.

I paid for the for the first property in cash/ 65,000. I was young and stupid and didn't put the house in my name because of previous debt. When we sold the house and moved into our new home its was brought with the money I invested into the 1st. Now that we are divorcing my husband and his mother are NOW saying its her house, and refuse to sign a house equity agreement that would give me my share of the home value. His mother is retired on SSI, My husband and I pay all the bills

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1 Lawyer Answer

A: Thank you for your question.

Based on the information you present, it appears that you may have a right to claim the contributions that were made toward the property. As such, that is an aspect of equitable distribution that needs to be discussed as part of a divorce.

I hope this information was helpful to you.

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