Weisberg & Klauber, LLC

Schedule a meeting today with an experienced attorney.

732-686-6440
Weisberg & Klauber, LLC
732-686-6440

We know how the other side thinks

Attorneys you can trust to protect your best interests.

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  3. Division Of Marital Property
    4.  » Who Gets The Marital Home?

Dedicated Guidance On Your Most Significant Assets

Your home is likely one of your most significant assets. In a divorce, deciding who, if anyone, retains the marital home can be both contentious and emotional.

At Weisberg & Klauber, LLC, we assist with the division of assets in divorce, including the marital home and other complex property division matters. Whether you and your spouse mutually agree or disagree on who should retain ownership, we provide you with knowledgeable guidance on the division of such a significant asset.

Division Of The Marital Home When Kids Are Involved

If children are involved, courts often rule in favor of the parent with primary custody. New Jersey courts are reluctant to enforce major changes in the lives of minor children and are thus generally supportive of the custodial parent. However, the parent with primary custody likely will not receive the marital home without having to give up something in return.

In keeping things fair and equitable, plausible scenarios may include:

  • One spouse retains the home and buys out the other spouse’s stake in the home.
  • One spouse retains the home and is granted time to get back on their feet before buying out the other spouse.
  • One spouse retains the home and trades an equal amount of retirement savings, investment properties or other significant assets.
  • Both spouses agree to sell the home and equitably split the assets.

Whatever the ultimate decision may be, something needs to occur to ensure the fairness of the property division process.

Experience In The Division Of The Most Complex Assets

New Jersey’s equitable distribution guidelines require that all marital property is fairly divided. Unless the home was purchased prior to the marriage by one spouse or inherited by or gifted to one spouse, the home of the divorcing couple is almost always considered to be marital property.

With over three decades of experience, we will provide sound guidance throughout the entire process. Whether your goal is to retain or sell the marital home, we strive to enable you to move forward from this with an efficient, cost-effective and fair solution.

Contact An Experienced Lawyer

The division of property and assets can be contentious in a divorce. Speak with the experienced attorneys at Weisberg & Klauber, LLC, to protect your interests. Schedule a consultation at our Ocean Township or New Brunswick offices to learn more. Call us at 732-686-6440 or reach out to us online.