If one spouse owned the property prior to marriage. Then became marital residence with both spouses contributing to mortgage and other household expenses. Deed was never changed to add spouse. Is the non deeded spouse have rights to the property? In nj?
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My name is David Salvaggio. I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.
No good lawyer can give you a legal opinion on which you could rely, based solely on the limited facts that you have given. However, based on those limited facts, it is likely that in a New Jersey divorce case, the "non-deeded spouse" could assert an equitable distribution claim for 50% of the increase in the market value of the marital residence (if any) from the date of the marriage, plus 50% of the decrease in the principal balance of the mortgage loan from the date of the marriage.
As you can see, the resolution of those claims (if made) may have substantial ramifications, both now and in the future.
I presume that you are either the "deeded" spouse or the "non deeded" spouse.
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Therefore, I offer what is called an Assessment, in which I will go over your situation in detail, answer your questions, and give you guidance as to the best course of action. The fixed fee for the Assessment is $425.
Your question does not specify the town in which you live. My firm's offices are located in Morristown, NJ (Morris County). We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.
If you wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof, who can arrange a mutually convenient date and time.
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