The answers depend primarily on the incomes and expenses.
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Much more facts are needed before a reliable response can be provided. First, has anyone filed a Cmoplaint for Divorce or for Support. If not, it is not likely that a court would take any action. If such a matter is pending, much more information regarding your respective finances much be reviewed and analyzed.
If you would like to meet and discuss you matter in greater detail, please do not hesitate to contact me.
Kenneth A. White, Esq.
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There are 2 issues in your question: the 1st is whether or not, temporarily, you can be responsible to pay the mortgage during your divorce, which is called pendente lite support, and whether the house will be sold and you divide the money, which is equitable distribution.
Pendente lite Support is intended to maintain the status quo while a divorce is pending. Some of the factors that a court will consider in determining whether or not to award pendente lite support include, but are not limited to, the current incomes of the parties, the lifestyle during the marriage, their current needs and the household expenses.
I would need to analyze these factors with you to determine whether or not the court would hold you responsible for the mortgage during your divorce case.
Equitable distribution is the principle that divides assets and debts at the end of a divorce. This does not mean equal distribution but, instead, is determined by the court after considering a number of factors. Some of these factors include, but are not limited to, the length of the marriage, the contributions of both parties to the acquisition of assets and debts, the ability of the parents to earn once divorced, childcare responsibilities of either parent come, any other assets available to contribute to support, and any other factor that the court considers relevant.
Despite these issues, the equitable distribution of assets and debts in a divorce case are commonly equal because there rarely reasons to deviate. Some common reasons to deviate are unequal contribution to the acquisition of assets and debts, a grossly disproportionate ability to earn support once divorced and other reasons deemed equitable by the court.
If you want to speak with an experienced attorney who is familiar with these areas of law, call us at 973-562-0100. Our firm is concentrated in family law and estate planning case. Also below are links to our blog if you want to keep up on legal developments in divorce, family law and estate planning laws.
Brad M. Micklin, Esq.
The Micklin Law Group
187 Washington Ave., Suite 2F
Nutley, NJ 07110
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
Well, it is clear to me that you need to at least speak with an attorney knowledgeable in this field. There are so many moving parts to your question and a lot of additional issues that need to be discussed, it is impossible to answer it in this format. My colleagues are correct in this regard. Please speak with an attorney to know your rights and potential financial exposure (if any).
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