Equitable Distribution of Property in a New Jersey Divorce over Ten Years After an NJ Separation. There are those times where parties have remained separated for many, many years, yet have never filed for divorce and still have real estate or other property together that must be equitably distributed. In those instances, as to real estate, if one party stayed in the property and the other party did not, for whatever reasons, generally, the party that did not stay in the property will likely receive less than 50% of the equity in the property, unless the accrual in value of the property is well in excess of the amount that was paid down for any mortgage or repairs on the property. An appraisal of the property must occur, sometimes an engineer must look over the property, mortgage statements showing the principal owed at the time the other party left the marital residence and the principal owed at the time of equitable distribution must also be obtained. If you have such an issue, please call us at 732-390-0480 or 201-242-1119 for a free consultation with our NJ divorce lawyer and NJ divorce attorney in our East Brunswick divorce or Fort Lee divorce office.
Aug 9, 2016 @ 04:58 PM — by Michael Green