New Brunswick, NJ asked in Divorce for New Jersey

Q: I brought my home with my home with my military deployment money my wife is not on the loan. do I have sell my home?

I am on disability and do not work do my spouse get my home in the divorce since I paid for it with my deployment money and she was unfaithful and pay no bills since she move into the house? Can I ask her to move out?

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: The grounds for divorce in New Jersey have nothing to do with the economic issues. Your situation will require an in person consultation with an experienced matrimonial attorney to provide meaningful answers and guidance. You should retain the best attorney that you can afford.

Teresa L. Reichek
Teresa L. Reichek
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sure this is a very confusing time for you. The answer is it depends. If the home was the primary marital residence then it will not matter how you paid for it or who is on the loan, it is a marital asset. The choice becomes do you want to buy her out of what she is owed or sell the property and split the proceeds.

You may not kick her out, and her fidelity is not a deciding factor. New Jersey has no-fault divorce; meaning it does not matter who's fault it is that the marriage was not successful with regard to distribution of the marital estate.

Due to other factors such as your status as a Veteran and your disability, it is highly recommended that you consult with a competent family law attorney who has experience with military divorces.

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