I inherited property in NJ during my marriage. Will my husband be entitled to 50% if separated or divorced?

Asked over 1 year ago - Cliffside Park, NJ

He has been the Super in the buildings so we didn't pay rent for 16 years. Will he be entitled to anything?

Attorney answers (3)

  1. Yolanda Navarrete

    Contributor Level 20

    4

    Lawyers agree

    Answered . Inherited property is not subject to equitable distribution, unless it is co-mingled with common property along the way. Whether an argument can be made towards allowance because he is the super depends on other factors.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Michael T Millar

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . It depends. How is title to the property held? If, for example, the deed is in both your names than it will likely be treated as a gift from you to him and included in the marital estate. If you kept it titled in your name alone, you have an argument that it is your separate property. He might be able to claim 1/2 the increase in value due to his efforts as super. You should consult with a local family law attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. Bari Zell Weinberger

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Ms. Navarette is correct. You may want to consult with a family law attorney who can discuss your specific circumstances with you and analyze them under the applicable law.

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,455 answers this week

3,161 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,455 answers this week

3,161 attorneys answering