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

07666 |

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

Attorney Answers 5

Posted

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

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Posted

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 described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.

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Posted

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-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.

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Posted

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 and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

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Posted

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.

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