Divorce in New Jersey Fighting for the Marital Home, Child Custody By Santo Artusa on August 30, 2020

Some of the most fought over aspects of a divorce in New Jersey Family Court are:

  • The Marital Home
  • Alimony
  • Adultery
  • Extreme Cruelty
  • Child Custody
  • Child Support

In a New Jersey Divorce, A house is a house right? A house is a house but a home is a home. A house, like an apartment can be viewed as real estate to live in or as an invesment. A home on the otherhand is where people make their lives. Where you bring your baby home for the first time. Where you spend Christmas, Thanksgiving, Birthdays, etc. A home is more than just a piece of real estate. With that being said, the marital home or the family house can be something that is really fought hard over in a divorce case in New Jersey Family Court. As an expereinced New Jersey Divorce Lawyer, I know how hard the fight can be on both sides and what it takes to keep the home and what what it takes to have it ordered to be sold while the divorce case is pending. Important facts such as how long you and the children have resided there, how much is owed, can it be refinanced,  how the real estate market is, etc are just some facts the court will need to know.

Can a New Jersey Divorce Judge Order The Marital Home to Be Sold ?

The short answer is yes. It can be ordered to be sold at the end of the case or at anytime with a court order. Usually one party wants the home sold and must bring a motion to have the house listed and sold. A Judge can also give either party the right of first refusal to buy the other party out/refinance etc.

Are the Proceeds of the Sale of the Marital Home Divided Equally?

Not automatically. There are many factors that go into equitable distribution of the marital assets that need to be considered before ruling on the new division of the proceeds.

My Spouse Bought the Home Before We Were Married and Indicates I Am Not Entitled To Anything, Is that True?

Again this needs to be analyzed as to how much or the mortgage has been paid down during the marriage, your financial and non-financial contributions, the value now versus when you were first married and other important factors.

If I leave the Marital Home During the Divorce Litigation, Will I lose My Share?

Simply leaving will not make you lose your share in a marital asset. While you may not lose your share, you may hurt your case in different aspects of your divorce.

The marital home is an important part of the equitable distribution aspect of the divorce case regardless if you can settle your case in New Jersey Family/Superior Court or not. While it is very important, you need to focus on your entire case in order to obain the best total outcome. Focusing on the marital home and the marital home alone will show the opposing side what you really want and sometimes in negotiation (at least early on), you do not want to do that. Having an experienced divorce and family law attorney in New Jersey is key to obtaining a better outcome for your future. If you have a divorce case in New Jersey, contact us today on 973-337-9643 or 201-706-3788.


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Santo V. Artusa, Jr.

Santo V. Artusa, Jr.

Since 2009, Mr. Artusa has dedicated his career to representing clients in and near Jersey City in family law and criminal cases. He is a skilled negotiator and litigator who has received a range of prestigious recognitions, including:

  • The National Trial Lawyers Top 100
  • Avvo 10.0 Superb Rating
  • Client Distinction Award 2015

For more information about our legal services, contact our office online or call (973) 337-9643 today.

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