• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC

Divorce & Family Law of New Jersey

Call Attorney Carrie SchultzCall Us Today
(201) 880-9770
  • Home
  • Firm Overview
    • Pit Bull Advocacy
    • Resources
      • Divorce & Family Law FAQs
  • Attorneys
    • CARRIE S. SCHULTZ, ESQ.
    • JOSH A. FREEMAN, ESQ.
    • Andrew Economos, Esq. (Of Counsel)
    • Andrew “Drew” Fischer, Esq. (Of Counsel)
  • Practice Areas
    • Facing Divorce or Another Complex Family Law Problem?
    • Post-Divorce
      • Postnuptial Agreement
      • Post Divorce Enforcement or Modification
      • Enforcement Of Court Orders
      • Mediation
    • Divorce
      • Contested and Uncontested Divorce
      • Divorce Dissolution Attorney
      • Legal Separation
      • Mediation
      • Tax Issues of Divorce
      • Chatham
      • Franklin Lakes
      • Fort Lee
      • Glen Rock
      • Livingston
      • Millburn
      • Paramus
      • Passaic
      • Ridgewood
      • Saddle River
      • Tenafly
      • Upper Saddle River
      • Westfield
    • High Net Worth Divorce
      • Maintaining Your Lifestyle
      • Business Owners in Divorce
      • Prenups and Mid-Marriage Agreements
    • DIVISION OF PROPERTY
      • Equitable Distribution
    • Child Custody
      • VISITATION & PARENTING TIME
      • NON-MARRIED COUPLES
      • Child Abduction
      • Parent Relocation
    • CHILD SUPPORT
      • Paternity
      • NON-MARRIED COUPLES
    • Alimony
      • Alimony Calculator
      • Long-Term Alimony
    • Domestic Violence
      • Restraining Orders
  • Videos
  • Blog
  • Our Reviews
  • Careers
  • Contact
Call
Contact
Blog
  • Home
  • Firm Overview
    • Pit Bull Advocacy
    • Resources
  • Attorneys
    • CARRIE S. SCHULTZ, ESQ.
    • Josh A. Freeman, Esq.
    • Andrew “Drew” Fischer, Esq. (OF COUNSEL)
  • Practice Areas
    • Facing Divorce or Another Complex Family Law Problem?
      • Divorce & Family Law FAQs
    • Post-Divorce
      • Postnuptial Agreement
      • Post Divorce Enforcement or Modification
      • Enforcement Of Court Orders
      • Mediation
    • Divorce
      • Legal Separation
      • Contested and Uncontested Divorce
      • Mediation
      • Tax Issues of Divorce
    • High Net Worth Divorce
      • Maintaining Your Lifestyle
      • Business Owners in Divorce
      • Prenups and Mid-Marriage Agreements
    • Division of Property
      • EQUITABLE DISTRIBUTION
    • Child Custody
      • Visitation and Parenting Time
      • Non-married Couples
      • Child Abduction
      • Parent Relocation
    • Child Support
      • Paternity
      • Non-married Couples
    • Alimony
      • Long-Term Alimony
    • Domestic Violence
      • Restraining Orders
  • Videos
  • Blog
  • Reviews
  • Careers
  • Contact

April 6, 2017 By Carrie S. Schultz, Esq.

Which Spouse Keeps the Family Home in a New Jersey Divorce?

who keeps the family home in divorce It is a common question and one that leads to contention in many divorces: Which spouse keeps the family home? Whether for practical reasons or due to sentimental attachment, it is not uncommon for both parties to want to keep their home after their divorce.

So, when this is the case, who “wins” the family home?

The Family Home and Divorce

There is no simple or straightforward answer. While there are several clearly-established guiding principles, these principles could weigh in favor of either spouse depending upon the unique circumstances involved in their divorce. If keeping your family home is important to you, it will be important to follow a strategy that puts you in a favorable position to keep the home after your marriage is over. Here is a brief introduction to what you need to know:

  • New Jersey Law Does Not Favor the Husband or Wife. First, New Jersey law does not favor either spouse in the divorce process—not with regard to custody, not with regard to alimony, and not with regard to the distribution of marital property. At the outset, from a legal perspective, both spouses are on equal footing when it comes to protecting what matters most in their divorce.
  • Your Home Is (Likely) a Part of Your Marital Estate. If you and your spouse purchased your home during your marriage, your home will be considered part of your marital estate unless you signed a prenuptial or mid-marriage agreement to the contrary. This means that it will be subject to “equitable distribution” in your divorce. What if you or your spouse bought the home before you got married? It depends. If either of you owned the home outright, it could be deemed “separate property” that is not subject to distribution. If you made mortgage payments or upgrades during your marriage, the analysis will be more complicated.
  • You Do Not Need to “Split the Baby.” Most spouses resolve their property division through settlement out of court. While selling marital assets and splitting the proceeds is one option, in most cases, divorcing spouses will agree to give up their rights to certain assets in exchange for others. For example, if your home is worth $250,000 and you have $250,000 worth of other marital assets, one option would be to agree that you get the home and your spouse gets everything else. Of course, most divorces are much more complicated, and mortgage obligation can factor in as well.
  • Tax Consequences and Debt Obligations Also Factor into the Equation. Speaking of your mortgage, when dividing their marital assets, divorcing spouses also need to divide their marital debts. This, too, can be done in a number of ways. For example, the spouse who keeps the family home may also agree to take on responsibility for the mortgage. On the other hand, the parties could agree to sell enough assets to pay off the mortgage and then split their remaining property. The list of options goes on and on. Transferring real estate can have tax implications as well and these also merit careful consideration.
  • The Family Home Can Also Be Relevant to Custody. When it comes to child custody, New Jersey law has a single focus: protecting the best interests of the children involved. The New Jersey courts consider several factors when awarding custody and parenting rights—factors which include the stability of the children’s home environment. While staying in the family home will not necessarily provide the most stability, it often will, and this is yet another consideration to keep in mind when dealing with property division in your divorce.

Schedule a Confidential Initial Divorce Consultation

If you would like more information about what to expect during your divorce and the steps you should be taking now to help achieve your desired outcome, we encourage you to contact us for an initial consultation. To speak with one of our experienced New Jersey divorce attorneys in confidence, call our Hackensack, NJ law offices at 201-880-9770 or get in touch online today.

Attorney Carrie S. Schultz

Carrie S. Schultz, Esq. – author

Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a consultation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching! Attorney Bio

CLICK HERE TO SEE THE FREE VIDEO “THE TOP 3 THINGS TO CONSIDER BEFORE A DIVORCE”

Primary Sidebar

Table of Contents

  • TABLE OF CONTENTS 1
  • TABLE OF CONTENTS 2
  • TABLE OF CONTENTS 3
  • TABLE OF CONTENTS 4
  • TABLE OF CONTENTS 5
  • We Are Here to Help
    Contact Us Today

    We Also Offer
    Telephone & Video Initial Consultations!
  • Please Note: Our practice focuses on cases that occur in New Jersey.

Practice Areas

  • Divorce
  • Division Of Property
  • Child Support
  • Domestic Violence
  • Alimony
  • Child Custody
  • High Net Worth Divorce
  • Post-Divorce Modifications

Featured Divorce Videos

  • How Long Will a Divorce Take?
  • What is an Uncontested Divorce?
  • What is a No Fault Divorce?
  • Keeping the Costs of Your Divorce Low

Watch Our Educational Videos

Recent Posts

  • How Does New Jersey Determine a Child’s Best Interests?
  • Does It Matter Who Files for Divorce First?
  • What Does Irreconcilable Differences Mean in a Divorce?
  • What If Your Spouse Is Hiding Assets in Your Divorce?
  • Stages of Divorcing a Narcissist

Categories

  • Alimony
  • Business Valuation
  • Child Custody
  • Child Custody
  • Child Support
  • Division of Property
  • Divorce
  • Divorce
  • Domestic Violence
  • Family Law
  • High Net Worth Divorce
  • New Jersey Family Law Blog
  • News
  • Parenting
  • Uncategorized

Footer

Contact Us

Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC

55 Hudson Street
Hackensack, NJ  07601

(201) 880-9770

(201) 880-9771

Hours: Monday to Friday: 9:00 AM – 5:30 PM

Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC of New Jersey by Schultz & Associates, LLC map

THIS IS AN ADVERTISEMENT

These materials have been prepared by Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. 

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. You should consult an attorney for advice regarding your individual situation. Every case is unique. 

The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising.

  • Facebook
  • Twitter
  • LinkedIN
  • Youtube
  • Facebook
  • Twitter
  • LinkedIN
  • Youtube

2022 © Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC   |   All Rights Reserved | Privacy Policy | Sitemap

Click HERE

7 Tips to Easing Your Anxiety About a Possible Divorce

 
We respect your privacy