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

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

Cliffside Park, NJ -

Attorney Answers (3)

Yolanda Navarrete

Yolanda Navarrete

Family Law Attorney - Morristown, NJ
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
Michael T Millar

Michael T Millar

Litigation Lawyer - Toms River, NJ
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.

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Bari Zell Weinberger

Bari Zell Weinberger

Divorce / Separation Lawyer - Parsippany, NJ
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

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