NJSBA Family Law Section

Hello Listmates:  

Client and fiancé were looking to purchase a home together.  Client's credit was not the greatest but fiancés was a bit better.  For some time they enhanced her credit and were able to get the financing to buy the home in her name.  She is the only one on mortgage and deed.  Client wrote check in the amount of $85,000 to his fiancé and in the memo section noted "our house."  Also signed a gift letter to the mortgage company in the amount of $5,000 for a total of $90,000 down.  Home purchased in September 2010 and the parties broke up this past summer.   

Adversary contends that the amendment to the palimony statute in January 2010 bars my client from receiving any funds from the home since any agreement between them would have needed to be in writing with the independent advice of counsel.  Statute states the following: 

N.J.S.A. 25:1-5

No action shall be brought upon any of the following agreements or promises, un­less the agreement or promise, upon which such action shall be brought or some memoran­dum or note thereof, shall be in writing, and signed by the par­ty to be charged therewith, or by some other person thereunto by him lawfully authorized:

h. A promise by one party to a non-marital personal rela­tionship to provide support or other consideration for the other party, either during the course of such relationship or after its termination. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advice of counsel for both parties.  

Client will eat the $5,000 and concede that it was a gift.  As to the $85,000, any suggestions would be greatly appreciated as there is not much case law on the issue and the "other consideration" clause above is quite troubling.

TIA,

Eric 

Hello Listmates:  

Client and fiancé were looking to purchase a home together.  Client's credit was not the greatest but fiancés was a bit better.  For some time they enhanced her credit and were able to get the financing to buy the home in her name.  She is the only one on mortgage and deed.  Client wrote check in the amount of $85,000 to his fiancé and in the memo section noted "our house."  Also signed a gift letter to the mortgage company in the amount of $5,000 for a total of $90,000 down.  Home purchased in September 2010 and the parties broke up this past summer.   

Adversary contends that the amendment to the palimony statute in January 2010 bars my client from receiving any funds from the home since any agreement between them would have needed to be in writing with the independent advice of counsel.  Statute states the following: 

N.J.S.A. 25:1-5

No action shall be brought upon any of the following agreements or promises, un­less the agreement or promise, upon which such action shall be brought or some memoran­dum or note thereof, shall be in writing, and signed by the par­ty to be charged therewith, or by some other person thereunto by him lawfully authorized:

h. A promise by one party to a non-marital personal rela­tionship to provide support or other consideration for the other party, either during the course of such relationship or after its termination. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advice of counsel for both parties.  

Client will eat the $5,000 and concede that it was a gift.  As to the $85,000, any suggestions would be greatly appreciated as there is not much case law on the issue and the "other consideration" clause above is quite troubling.

TIA,

Eric 

Hello Listmates:  

Client and fiancé were looking to purchase a home together.  Client's credit was not the greatest but fiancés was a bit better.  For some time they enhanced her credit and were able to get the financing to buy the home in her name.  She is the only one on mortgage and deed.  Client wrote check in the amount of $85,000 to his fiancé and in the memo section noted "our house."  Also signed a gift letter to the mortgage company in the amount of $5,000 for a total of $90,000 down.  Home purchased in September 2010 and the parties broke up this past summer.   

Adversary contends that the amendment to the palimony statute in January 2010 bars my client from receiving any funds from the home since any agreement between them would have needed to be in writing with the independent advice of counsel.  Statute states the following: 

N.J.S.A. 25:1-5

No action shall be brought upon any of the following agreements or promises, un­less the agreement or promise, upon which such action shall be brought or some memoran­dum or note thereof, shall be in writing, and signed by the par­ty to be charged therewith, or by some other person thereunto by him lawfully authorized:

h. A promise by one party to a non-marital personal rela­tionship to provide support or other consideration for the other party, either during the course of such relationship or after its termination. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advice of counsel for both parties.  

Client will eat the $5,000 and concede that it was a gift.  As to the $85,000, any suggestions would be greatly appreciated as there is not much case law on the issue and the "other consideration" clause above is quite troubling.

TIA,

Eric 

Hello Listmates:  

Client and fiancé were looking to purchase a home together.  Client's credit was not the greatest but fiancés was a bit better.  For some time they enhanced her credit and were able to get the financing to buy the home in her name.  She is the only one on mortgage and deed.  Client wrote check in the amount of $85,000 to his fiancé and in the memo section noted "our house."  Also signed a gift letter to the mortgage company in the amount of $5,000 for a total of $90,000 down.  Home purchased in September 2010 and the parties broke up this past summer.   

Adversary contends that the amendment to the palimony statute in January 2010 bars my client from receiving any funds from the home since any agreement between them would have needed to be in writing with the independent advice of counsel.  Statute states the following: 

N.J.S.A. 25:1-5

No action shall be brought upon any of the following agreements or promises, un­less the agreement or promise, upon which such action shall be brought or some memoran­dum or note thereof, shall be in writing, and signed by the par­ty to be charged therewith, or by some other person thereunto by him lawfully authorized:

h. A promise by one party to a non-marital personal rela­tionship to provide support or other consideration for the other party, either during the course of such relationship or after its termination. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advice of counsel for both parties.  

Client will eat the $5,000 and concede that it was a gift.  As to the $85,000, any suggestions would be greatly appreciated as there is not much case law on the issue and the "other consideration" clause above is quite troubling.

TIA,

Eric 

Hello Listmates:  

Client and fiancé were looking to purchase a home together.  Client's credit was not the greatest but fiancés was a bit better.  For some time they enhanced her credit and were able to get the financing to buy the home in her name.  She is the only one on mortgage and deed.  Client wrote check in the amount of $85,000 to his fiancé and in the memo section noted "our house."  Also signed a gift letter to the mortgage company in the amount of $5,000 for a total of $90,000 down.  Home purchased in September 2010 and the parties broke up this past summer.   

Adversary contends that the amendment to the palimony statute in January 2010 bars my client from receiving any funds from the home since any agreement between them would have needed to be in writing with the independent advice of counsel.  Statute states the following: 

N.J.S.A. 25:1-5

No action shall be brought upon any of the following agreements or promises, un­less the agreement or promise, upon which such action shall be brought or some memoran­dum or note thereof, shall be in writing, and signed by the par­ty to be charged therewith, or by some other person thereunto by him lawfully authorized:

h. A promise by one party to a non-marital personal rela­tionship to provide support or other consideration for the other party, either during the course of such relationship or after its termination. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advice of counsel for both parties.  

Client will eat the $5,000 and concede that it was a gift.  As to the $85,000, any suggestions would be greatly appreciated as there is not much case law on the issue and the "other consideration" clause above is quite troubling.

TIA,

Eric