New Jersey Family Law

MONTCLAIR MAPLEWOOD SOUTH ORANGE LIVINGSTON ESSEX COUNTY NJ DIVORCE MARITAL HOME ATTORNEY MEDIATION

Under New Jersey divorce law, the right of the occupant spouse to exclusive possession of the former marital home [subject to a deferred sale or mortgage pay-off] is not merely an aspect of equitable distribution but also constitutes a contribution by the nonoccupant spouse to the support of the custodial parent and of the children.     Sadej v. Sadej, New Jersey App. Div., May 23, 2012

NEW JERSEY DIVORCE PROPERTY VALUE MEDIATION LAWYER

The drop in property value was not due to the fault of either party. Therefore, the New Jersey divorce judge erred in fixing the valuation date as of the date of the New Jersey divorce agreement, rather than the date of sale.    Kosilla v. Kosilla, New Jersey App. Div., November 2, 2011

CALDWELL VERONA SHORT HILLS WEST ORANGE ESSEX COUNTY NJ DIVORCE MARITAL HOME LAWYER MEDIATION ARBITRATOR

 
When one spouse attempts to transfer a New Jersey marital home without the consent of the other spouse, a purported purchaser who takes "title" with knowledge of the marriage and without full consent may be liable in damages.     Property Asset Management, Inc. v. Momanyi et ux., et al., New Jersey App. Div., October 4, 2011

NEW JERSEY DIVORCE HOUSE SALE HACKENSACK BERGEN COUNTY MEDIATION ARBITRATION LITIGATION LAWYER

 
Because the New Jersey judgment of divorce was silent regarding the value to be ascribed to the marital home if it was not sold upon the triggering event, it fell to the New Jersey divorce judge to supply that omitted term.     Sachau v. Sachau, N.J. (2011); 2011 WL 1775988; New Jersey Supreme Court, May 6, 2011

DIVORCE HOUSE SALE : PREVENT STALLING

 
When one divorcing party drags her/his heels in selling the former marital home, the New Jersey divorce judge can give power of attorney to the other spouse.      McNeil n/k/a Weber v. McNeil, New Jersey App. Div., November 16, 2010

HACKENSACK ENGLEWOOD CLIFFS ALPINE CLOSTER BERGEN COUNTY NJ DIVORCE MEDIATION LAWYER

 
The house was this New Jersey divorcing couple's most valuable asset. The New Jersey divorce judge ordered the house sold, overriding the concern that the the two children, aged 19 and 16, would be dislocated.       Marinaro v. Marinaro, New Jersey App. Div., October 4, 2010

SUMMIT NEW PROVIDENCE SPRINGFIELD WESTFIELD UNION COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

Sometimes, the only real asset many New Jersey divorcing couples have is the marital home. So, its value can become a sticking point. Absent written agreement or other compelling evidence, the Pacifico rule is the date of sale controls, not the date of the New Jersey judgment of divorce.    Hannon v. Hannon, New Jersey App. Div., June 3, 2010

NEW JERSEY DIVORCE MARITAL HOME EXCLUSION REMOVAL MEDIATION LAWYER

"...[The husband] sought to have [the wife] excluded from the residence, arguing that her conduct toward him made his life intolerable. He also alleged that she was a bad influence on their seventeen-year-old son, because she had an affair with a young man who had lived with them in the marital residence. Although [the wife] admitted to the affair, she denied that it had been conducted at the marital residence and that the son had any knowledge of it. She argued that it was in the son's best interest for her to continue living in the marital residence pending its sale....There was credible testimony, supported by the trial judge's own observations during the trial, that the continued presence of both parties in the same home would prolong a volatile situation, which the trial judge attributed primarily to [the wife]. Finally, there was evidence in the record from which the judge could have found, as he did, that the [wife's] exclusion was in the best interest of the parties' son."         Pierson v. Pierson, New Jersey App. Div., March 15, 2010