North Bergen, NJ asked in Real Estate Law for New Jersey

Q: Im an 18 years old female, can I claim my part in my fathers property? And what good would that do?

My father is trying to kick me out of the house because he wants to divorce my mom and bring in another woman. I want to stop him from potentially letting that woman take all of the property before hand.

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1 Lawyer Answer

A: The short answer is you have no equity rights in your parents home. The longer answer is that this is a fight between your mother and your father over assets, support, etc as part of their divorce. Your father has NO right to kick your mother out of her home and she needs to meet with a divorce lawyer to learn about her rights in a divorce. As a simple example, presuming the home is in your dads name alone but the house was purchased "in contemplation of their marriage" or "acquired during the marriage", your mother most likely has ownership rights to that property... which is why she needs to meet with a divorce lawyer. Even if the house was your dads home long before your parents married, your mother may have rights to some of its equity value and may have an entitlement to remain as part of a support setting ( presuming your dad makes more money than your mom). Again, none of these questions can be answered in this response but you need to push your mom to schedule consultations with divorce lawyers to get educated as to her rights. As to you, you need to bite your lip and try and stay out of their fight since long after their fight is over and the dust settles, hopefully you will be able to resume a constructive relationship with both parents.

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