Ocean Township Division of Marital Property Lawyer

Division of Marital Property Attorney in Ocean Township, NJ

Your marriage is ending, and now it’s time to decide who will get what among your shared possessions. New Jersey is not a community property state. Judges divide the property in a manner they consider to be fair and equitable, also known as equitable distribution.

Property division can be highly contentious. At  Weisberg & Klauber, LLC , we don’t believe in fighting without a worthy reason. Our attorneys can help you understand the cost-benefit analysis of what is worth pursuing and what will simply run up your attorney bills. We have your interest at the forefront — not our own.

The laws regarding division of marital property account for separate property. That is, if a spouse owned property prior to getting married, if someone gifted property to one spouse or one spouse inherited property, those assets are not considered in dividing your shared assets.

Much like considerations for determining alimony, a judge dividing your marital property will look at how long the marriage lasted, age and individual contributions, including responsibilities of a partner who did not work outside the home.

Our firm accepts Mastercard and Visa, as well as legal insurance plans from Hyatt, ARAG Group, LegalShield and Legal Club of America.

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.

Client-Focused Representation You Need In A Divorce Lawyer

Hire the attorneys at Weisberg & Klauber, LLC , and get a highly skilled divorce attorney who keeps your needs and best interest at the forefront. Contact our firm, with offices in Ocean Township and New Brunswick, to schedule a meeting, learn about your legal options and move toward a better future. Call 732-517-1199  or send us an email.