Q: After filing for divorce my spouse is countersuing for a home which has been gifted to me in another country

A: You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

A: When a party to a divorce claim that an asset is immune from distribution, it is his / her burden to prove its immunity. You cannot simply say that I got this asset as a gift or I got this asset from an inheritance and therefore she has no claim to share in it. You have to provide a complete tracing of the asset, and prove that once received, it maintained its immune status and that there were no marital monies expended on it. Do not expect the court to simply accept your claim. If you do not handle it properly, presume that you will lose. Even if it was a gift or an inheritance, the next step will be whether it was transferring into joint name or marital monies spent on it - again your burden to prove otherwise with documents. My suggestion is that you meet with an experienced divorce lawyer to discuss whether it's time to turn over the matter to someone else - especially since you were caught off guard by her claims and shocked as to her potential claim against these assets.