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In a New Jersey Divorce, what are the rules for keeping a house?
Specifically, if I own a house (fully paid off) by myself, years BEFORE I get married, if I were to get married then divorced, would I get to keep my house outright and not have it become a 'bargaining chip' or something to be divided?
5 Answers
- FoofaLv 71 month ago
NJ isn't a community property state in that your premarital house suddenly becomes a joint marital asset upon marriage. But just to be safe you'll probably want to specifically exclude it via a prenuptial agreement. Most people would willing sign such a thing if it meant that instead of having to pay half the mortgage it meant they could save all that money just in case this divorce you're predicting should happen.
- Dr. StephanieLv 71 month ago
Check with the laws of your state, or consult an attorney. We can't give legal advice and wouldn't know about this in any case. Where I live (NOT New Jersey!) anything acquired BEFORE marriage would remain in my posession exclusively. Anything acquired AFTER marriage would be considered COMMUNITY PROPERTY.
- D50Lv 61 month ago
I'm sure there's no one-size-fits-all rule. Talk to a NJ divorce lawyer. Usually, property acquired outside of the marriage is treated differently from property acquired during the marriage. But "it depends".
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