Who Gets the House in a Divorce in NJ

Going through a divorce is a challenging and emotional process, with many important decisions to be made. One of the most significant issues that arise is the division of marital property, including the family home. In New Jersey, the division of marital assets follows the principle of equitable distribution, which means that the court will strive to divide property fairly, but not necessarily equally.

When it comes to determining who gets the house in a divorce in New Jersey, several factors are taken into consideration. These factors include the length of the marriage, each spouse’s financial situation, and the best interests of any children involved. Here are some frequently asked questions and answers regarding the division of the family home in a divorce in New Jersey:

1. Is the family home considered marital property?
Yes, the family home is typically considered marital property in New Jersey if it was acquired during the marriage, regardless of whose name is on the title.

2. Can one spouse be awarded the entire house?
Yes, it is possible for one spouse to be awarded the entire house. However, this decision will depend on various factors, such as the financial situation of both parties, contributions made to the home, and the best interests of any children involved.

3. What if the house was owned by one spouse prior to marriage?
If one spouse owned the house before the marriage, it may still be considered marital property if both spouses contributed to mortgage payments, maintenance, or improvements during the marriage.

4. Will the home be sold if neither spouse can afford to keep it?
In some cases, the family home may need to be sold if neither spouse can afford to maintain it. The proceeds from the sale will then be divided equitably between the parties.

5. Can the court order one spouse to buy out the other’s share of the home?
Yes, the court has the authority to order one spouse to buy out the other’s share of the home. This can be done through a lump-sum payment or by negotiating a financial arrangement.

6. Can the court consider the preferences of the children when deciding who gets the house?
Yes, the court can consider the preferences of the children, especially if they are older and mature enough to express their opinions. However, the final decision will be based on various other factors as well.

7. What if the house is underwater, meaning it has negative equity?
If the family home has negative equity, it can complicate the division of property. The court may consider this factor when making a decision, and it could potentially impact other aspects of the divorce settlement.

8. Can spouses agree on who gets the house without involving the court?
Yes, spouses are encouraged to negotiate and reach an agreement on the division of property, including the family home, outside of court. This can save time, money, and reduce conflict.

9. Should I consult with an attorney to determine who gets the house in my divorce?
Yes, it is highly recommended to consult with an experienced divorce attorney in New Jersey. They can guide you through the complex process of property division, ensuring that your rights and interests are protected.

In conclusion, the division of the family home in a divorce in New Jersey follows the principle of equitable distribution. While it is possible for one spouse to be awarded the entire house, the court considers various factors to ensure a fair distribution of marital assets. Consulting with a knowledgeable attorney is essential to navigate this process and protect your rights.