Jersey City, NJ asked in Family Law for New Jersey

Q: What legal actions to take in obtaining assets from our house sale?

My husband and I have been married for over 50 years. Separated for 20 years. In the early part of our marriage I joined financially with my husband in the purchase of our house (though solely in my husband's name). When the house was sold (August, 2020), my husband received all the proceeds. Recently, he has entered a rehab facility. After 20 days, he will be transitioned to a long-time-care facility, which will require all of his assets.

Before that financial transition takes place, I feel I should be compensated for some aspect of the proceeds from the house sale. What legal actions canI take to resolve this matter?

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2 Lawyer Answers

A: You need to file for divorce and in the divorce, ask that assets of the marriage be restrained until an equitable distribution of the assets of the marriage can take place. The fact that the home was acquired in his name alone does not mean that you do not have an equitable distribution interest in it. Its worth meeting with a divorce lawyer to discuss your rights in this setting.

A: Thank you for your question. It seems quite clear that you had an ownership interest in the house as well and various bank accounts and assets held in your Husband’s name. I would recommend immediately reaching out to an experienced family law attorney to discuss your rights and entitlements before the assets are lost to as result of Husband’s required long term.

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