The Marital Home and Divorce, the Options Available

By Santo Artusa on October 19, 2018

Divorce is a difficult part of life that many Americans go through each and everyday. Our social fabric has changed and it has become very easy, but yet still painful to obtain a divorce throughout the United States. As a New Jersey Divorce lawyer in New Jersey where properties have soared and continue to rise, the marital home and investment properties have become major issues in New Jersey divorce cases in family court. The marital home is a key element of a divorce case and working with an experienced attorney can help you understand your rights and what to look for even if the home is premarital in nature. Investment properties are also very important and how to address issues pertaining to investment homes/condos/buildings as the split in those properties may not be 50% each, all cases are fact specific. 

The marital home is a major issue in most cases, whether it is owned or rented. The home is where the family existed. For many even in a divorce, the parents try not to move the children so that they do not have to face another major change, or they do not want to have the children change schools or school districts. If parties do not agree to sell or keep a property, a family court judge can order the home or investment property sold in the open market. Others may permit one spouse to remain in the home where they must pay the other spouse (in most cases). This usually happens when a spouse has lived in that home for a long period of time and the Judge may not want to uproot the children. When possible, it is best to negotiate a deal or at least a partial deal in regard to the home. The more you negotiate and settle, the more in control you are and the easier you can handle the agreement. When you cannot it is essential to work with real estate professionals that can accurately assess the value of the property(s).

While divorce is rarely easy, the more you work with your former spouse and or with experienced divorce lawyers, the better chance you can reach a deal you can live with and move forward with your life. If you have a divorce case in New Jersey or seek to file, contact our Jersey City office for a confidential appointment on 973-337-9643.

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