Is the "natural" appreciation of separately owned real estate property subject to equitable distribution in new jersey?

Asked over 1 year ago - 07666

the real estate is owned by one party prior to the marriage.

Attorney answers (5)

  1. Robert Francis Davies

    Contributor Level 6


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Maybe. In most cases, no, but there may be ways to pull it back in so that it is included in equitable distribution.
    Before you do anything, talk to a divorce lawyer. And do that soon.

    Call me and I will assist. No charge for the first office visit.

    Robert Davies, Esq.
    201 820 3460

  2. Ronald Glenn Lieberman


    Contributor Level 18


    Lawyers agree

    Answered . If the property grew in value purely because of passive market forces, then it likely would be exempt from equitable distribution.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  3. Andrzej Piotr Szymanski

    Contributor Level 12


    Lawyers agree

    Answered . This is actually a very complicated question. It all depends on how long was the marriage, what kind of property, what purpose was it purchased for. Unfortunately without more information, it would be difficult to answer this question properly. See an attorney in person if you are serious about a divorce.

    The information provided in this answer is general in nature and may not apply to the factual circumstances... more
  4. John B. D'Alessandro

    Contributor Level 14


    Lawyers agree

    Answered . While the general answer may be yes, there may be other factors which could determine whether the property is subject to equitable distribution. This is a very fact sensitive area and I suggest you consult with an attorney on this issue.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-... more
  5. Carrie Susan Schultz


    Contributor Level 4


    Lawyers agree

    Answered . I believe you are asking to understand the concept of active vs. passive assets. I agree with the prior answers that you need to sit with an experienced matrimonial law attorney such as myself who can gather more facts and then explain the concepts to you in light of your particular circumstances.

Related Topics


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

Equitable Distribution in a Divorce

Equitable Distribution is a set of rules for fairly dividing a couple’s assets and debts after a marriage ends. Most states use this system.

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