QUESTION

Mortgage payments

Asked on Apr 09th, 2020 on Divorce - New Jersey
More details to this question:
Hi, I am in the process of getting a divorce in NJ. Question-1 My wife is living in primary home. Is she equally responsible for mortgage payments? She makes 30% of the combined income. Question-2 when the primary house is sold. Does she get half of the equity or 30% based on the income distribution? Thanks
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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Im guessing that you are representing yourself in your divorce since these would have been the type of questions that a lawyer would have gone over with you initially. These questions are critically important in a divorce and cannot / should not be answered by a family law specialist without sitting down with you in a consultation setting since its impossible to tell you what your spouse should be paying and what her interest in a particular asset will be without having a clear understanding of all of the issues outstanding in your matter. To you, these may be the only issues of importance, but your wife may have a very different view and a court may have an even different view than both of you. I dont know if you and she have children, whether the cost of remaining in the house is less expensive than a comparable rental setting *( which may be relevant to the issue of alimony and / or child support / custody ), the custodial plan in place ( if there are children), the division of other assets and liabilities and an understanding of your respective cash flow. There are way too many questions that need to be addressed for any lawyer to simply give you an answer competently.  Again, I think it is worth your while to reach out to one or more local family law specialists for a consultation to discuss your matter.  
Answered on Apr 10th, 2020 at 9:28 AM

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