The Court will have to determine that. There are a number of factors to be considered, such as whether he paid for the mortgage and other expenses. There is a strong chance that a Court will find that you are the legal owner of the house, but that depends on the totality of all the facts and circumstances. But even if you are the legal owner of the house, he could still get 1/2 of any increase in value that occurred during the marriage.
Without meeting with you, and knowing all the facts and circumstances of your case, my opinion is not to be construed as legal advice, just general educational information.
This really isnt a probate question so I have recharacterized it for you. You are correct that the inherited property is your separate property. How NJ marital rights interplay once you get married I will leave to a NJ divorce attorney to respond.
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I agree with my colleagues. As they have indicated, there are a number of factors. How was the home titled? What has happened since the house was purchased? Have you both contributed to mortgage payments, taxes, insurance, maintenance, upkeep, renovations? You have an argument that at least a certain portion of the value should be considered to be yours. A judge can handle this a number or different ways, however. You need an attorney to make sure your rights are protected.
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It's not that simple but, the short answer is, you may, at least, be entitled to get your money back before he share any profit. All assets in a divorce case are divided under equitable distribution. Equitable distribution is the principle that divides assets and debts. 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.
Accordingly, I believe the distribution of the ownership of the house would go in your favor.
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It depends on a number of factors. Whose name is on the deed, who made the monthly payments, etc. Get yourself an experienced divorce lawyer.
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