Who Gets the House in a New Jersey Divorce?

Going through a divorce is often one of the most stressful times in a person’s life. If you’re facing this challenging situation, you’re likely dealing with a range of emotions, from confusion to worry. One of the most pressing concerns many people have when facing divorce is the division of marital property, particularly the family home. The question “Who gets the house in a New Jersey divorce?” is one that can stir up anxiety, but it’s important to understand how the law handles such situations. This page will guide you through the process and provide clarity on how New Jersey courts determine who gets the house.

10 Best Tanya Freeman
10 Best Tanya Freeman

Understanding Marital Property in New Jersey Divorce

In New Jersey, property acquired during the marriage is considered marital property, and this includes the family home. The general rule is that marital property must be divided equitably, which means fairly, but not necessarily equally. The court looks at various factors to determine what is fair for both parties involved.

It’s important to understand that if the house was bought or paid for during the marriage, it’s typically viewed as marital property, even if only one spouse’s name is on the title. This means that regardless of who is technically listed as the owner, both spouses have an interest in the property.

The Family Home as a Source of Stability

For many couples, the family home is more than just a place to live—it’s a source of stability, especially if children are involved. If there are children in the marriage, the court will consider their best interests when making decisions about where they will live. In many cases, the parent with primary custody may remain in the home to provide continuity and stability for the children. However, this decision depends on the specific circumstances of each case, including the financial ability of the custodial parent to maintain the home.

Tanya Freeman

Tanya L. Freeman, Attorney at Law

Managing Partner of the Family Law Practice at Callagy Law

More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience.

Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey.

Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."

Buying Out the Other Spouse’s Interest in the Home

In some cases, one spouse may want to keep the house and buy out the other spouse’s interest. This means that one spouse would purchase the other spouse’s share of the home, which would allow the spouse who wants to stay in the house to remain there. This is often a favorable option when the house has sentimental value or when one spouse wants to maintain stability for the children.

However, buying out the other spouse’s share may require the spouse who wants to stay to secure a loan or use other assets to compensate the other spouse for their share of the home. This can be a financial challenge for many people, and it’s important to carefully consider whether keeping the home is financially feasible in the long term.

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Selling the House and Dividing the Proceeds

In other cases, the court may decide that the family home should be sold, and the proceeds from the sale divided between both spouses. This is often the case when neither spouse can afford to buy out the other’s interest in the home, or when both parties would prefer to move on from the property. Selling the house allows both spouses to have access to their portion of the equity, which can be used to start fresh after the divorce.

It’s worth noting that selling the home doesn’t always happen immediately. In some cases, the court may allow one spouse to live in the house temporarily, especially if there are minor children involved. Once the children are older or another arrangement is made, the house may be sold, and the proceeds will be divided between the two spouses.

The Role of a Divorce Attorney in Property Division

When it comes to dividing property in a divorce, including the family home, it’s crucial to have a skilled divorce attorney on your side. An attorney can help you understand your rights, protect your interests, and guide you through the complex legal process. In New Jersey, the law provides a clear framework for dividing marital property, but every case is unique. Having an attorney who understands how to navigate the legal system can make a significant difference in the outcome of your case.

The Emotional Impact of Dividing the Family Home

Dividing the family home can be an emotionally charged part of the divorce process. For many, the home represents years of memories, and the thought of leaving it behind can be difficult. It’s common to feel sadness, anger, or even guilt when considering what will happen to the property. This emotional aspect should not be underestimated, as it can influence decision-making. It’s important to acknowledge these feelings, but also to focus on practical solutions that will benefit you in the long run. Working with a compassionate divorce attorney can help you address both the emotional and legal complexities of this issue.

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Alternative Dispute Resolution Options

While many divorces end up in court, there are alternatives to traditional litigation that may allow for a more amicable and timely resolution. Mediation and collaborative divorce are two such options. In mediation, both spouses work with a neutral third party to come to a mutual agreement on property division, including the house. Similarly, in a collaborative divorce, both parties and their attorneys agree to resolve the issues without going to court. These alternatives can offer a more cooperative environment, which may result in a more favorable division of the family home. If you’re open to these alternatives, discussing them with your attorney can help you decide if they are a good fit for your situation.

If you are unsure about what will happen to your home in a divorce, it’s essential to seek legal guidance as soon as possible. A divorce attorney can help you explore your options, including the possibility of buying out your spouse’s interest, negotiating a fair division of assets, or exploring other solutions that work for you.

At Tanya L. Freeman, Attorney at Law, we understand that facing a divorce can be overwhelming, especially when it comes to important decisions like who gets the house. We are here to listen to your concerns, provide expert legal advice, and help you achieve a fair resolution. Our team is committed to guiding you through every step of the divorce process with empathy and understanding, ensuring that your rights are protected.

If you are going through a divorce and need help with property division, including your home, contact us today to discuss your case. We can help you make informed decisions and work towards a positive outcome that is in your best interest. Reach out to us to schedule a consultation and get the support you need during this challenging time.

To learn more about this subject click here: Understanding the Grounds for Divorce in New Jersey

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