NJSBA Family Law Section

Kindly reply to me privately to these questions. My NJ divorce client "married" a native Brazilian woman in 2001 and through discovery, we have learned that she did not divorce her first  husband in Brazil until 2005. Could she still obtain an interest based upon equity claims and an 18 year long "marriage" that produced a now 18 year old son or would she be barred from equitable distribution and alimony due to fraud.?.... I need to obtain an official copy of that 2005 Brazilian divorce judgement and Im trying to figure out the best way to do so... .Does anyone know any good, honest real estate appraisers in Brazil (Pompulia region) preferably English speaking? ...Lastly, my client and his "wife" live in his childhood Bergen County home for 18 years . At the time of the marriage in 2001 , the home was still owned by his mother who wrote a Will in 2004 leaving the home to my client only. The probate of the Will has not been completed due to issues with his prior estate attorney. If the "wife" could defeat the fraud claims, could she get an interest in this home that my client technically does not own yet? Obviously, my client's mother did not intend for her son's "wife" to get an interest in the house, however a judge mentioned during a settlement conference that she should have some interest in the house due to the long marriage but it wouldn't be 50 percent.  Thank you so much!  If you know of good case law to back up some of my position i would really appreciate it. Thanks so much for any input that you can give me !

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Christine Moriarty Brophy Esq
Christine Moriarty Brophy, PC
(201)785-1658
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Original Message------

Kindly reply to me privately to these questions. My NJ divorce client "married" a native Brazilian woman in 2001 and through discovery, we have learned that she did not divorce her first  husband in Brazil until 2005. Could she still obtain an interest based upon equity claims and an 18 year long "marriage" that produced a now 18 year old son or would she be barred from equitable distribution and alimony due to fraud.?.... I need to obtain an official copy of that 2005 Brazilian divorce judgement and Im trying to figure out the best way to do so... .Does anyone know any good, honest real estate appraisers in Brazil (Pompulia region) preferably English speaking? ...Lastly, my client and his "wife" live in his childhood Bergen County home for 18 years . At the time of the marriage in 2001 , the home was still owned by his mother who wrote a Will in 2004 leaving the home to my client only. The probate of the Will has not been completed due to issues with his prior estate attorney. If the "wife" could defeat the fraud claims, could she get an interest in this home that my client technically does not own yet? Obviously, my client's mother did not intend for her son's "wife" to get an interest in the house, however a judge mentioned during a settlement conference that she should have some interest in the house due to the long marriage but it wouldn't be 50 percent.  Thank you so much!  If you know of good case law to back up some of my position i would really appreciate it. Thanks so much for any input that you can give me !

------------------------------
Christine Moriarty Brophy Esq
Christine Moriarty Brophy, PC
(201)785-1658
------------------------------

Original Message------

Kindly reply to me privately to these questions. My NJ divorce client "married" a native Brazilian woman in 2001 and through discovery, we have learned that she did not divorce her first  husband in Brazil until 2005. Could she still obtain an interest based upon equity claims and an 18 year long "marriage" that produced a now 18 year old son or would she be barred from equitable distribution and alimony due to fraud.?.... I need to obtain an official copy of that 2005 Brazilian divorce judgement and Im trying to figure out the best way to do so... .Does anyone know any good, honest real estate appraisers in Brazil (Pompulia region) preferably English speaking? ...Lastly, my client and his "wife" live in his childhood Bergen County home for 18 years . At the time of the marriage in 2001 , the home was still owned by his mother who wrote a Will in 2004 leaving the home to my client only. The probate of the Will has not been completed due to issues with his prior estate attorney. If the "wife" could defeat the fraud claims, could she get an interest in this home that my client technically does not own yet? Obviously, my client's mother did not intend for her son's "wife" to get an interest in the house, however a judge mentioned during a settlement conference that she should have some interest in the house due to the long marriage but it wouldn't be 50 percent.  Thank you so much!  If you know of good case law to back up some of my position i would really appreciate it. Thanks so much for any input that you can give me !

------------------------------
Christine Moriarty Brophy Esq
Christine Moriarty Brophy, PC
(201)785-1658
------------------------------

Original Message------

I think its good to discuss as a group, I hope its ok I post my thoughts:

<<If the "wife" could defeat the fraud claims, could she get an interest in this home that my client technically does not own yet?>> 

Even if the marriage wasn't valid, and regardless of ownership, the wife still has a statutory and equitable argument for half the pay down of the mortgage and half the increase in value due to improvements while living together.

Look to Painter v. Painter, 65 N.J. 196, 215-216, 320 A.2d 484 (1974). "In other words, the trial judge had the right not to award plaintiff a one-half interest in the equity in the house if the factors to be considered in making an equitable distribution justified an unequal division of that property. " and "The courts are now empowered to allocate marital assets between the spouses, regardless of ownership." See Gemignani v. Gemignani, 146 N.J.Super. 278, 282, 369 A.2d 942 (App.Div.1977)." Id. at 246. And N.J.S.A. 2A:34-23.1, requires an equitable distribution be "designed to advance the policy of promoting equity and fair dealing between divorcing spouses." Barr v. Barr, 418 N.J. Super. 18, 45, 11 A.3d 875 (App. Div. 2011).

 

Tom King

 

 

 

Thomas R. King, Esq

O: 973-750-8348 Fax: 888-576-8997
www.njfamily.law - www.njdivorce.law

45 Broadway, 2^nd floor, Denville NJ 07834

 

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Original Message------

Kindly reply to me privately to these questions. My NJ divorce client "married" a native Brazilian woman in 2001 and through discovery, we have learned that she did not divorce her first  husband in Brazil until 2005. Could she still obtain an interest based upon equity claims and an 18 year long "marriage" that produced a now 18 year old son or would she be barred from equitable distribution and alimony due to fraud.?.... I need to obtain an official copy of that 2005 Brazilian divorce judgement and Im trying to figure out the best way to do so... .Does anyone know any good, honest real estate appraisers in Brazil (Pompulia region) preferably English speaking? ...Lastly, my client and his "wife" live in his childhood Bergen County home for 18 years . At the time of the marriage in 2001 , the home was still owned by his mother who wrote a Will in 2004 leaving the home to my client only. The probate of the Will has not been completed due to issues with his prior estate attorney. If the "wife" could defeat the fraud claims, could she get an interest in this home that my client technically does not own yet? Obviously, my client's mother did not intend for her son's "wife" to get an interest in the house, however a judge mentioned during a settlement conference that she should have some interest in the house due to the long marriage but it wouldn't be 50 percent.  Thank you so much!  If you know of good case law to back up some of my position i would really appreciate it. Thanks so much for any input that you can give me !

------------------------------
Christine Moriarty Brophy Esq
Christine Moriarty Brophy, PC
(201)785-1658
------------------------------

Original Message------

Kindly reply to me privately to these questions. My NJ divorce client "married" a native Brazilian woman in 2001 and through discovery, we have learned that she did not divorce her first  husband in Brazil until 2005. Could she still obtain an interest based upon equity claims and an 18 year long "marriage" that produced a now 18 year old son or would she be barred from equitable distribution and alimony due to fraud.?.... I need to obtain an official copy of that 2005 Brazilian divorce judgement and Im trying to figure out the best way to do so... .Does anyone know any good, honest real estate appraisers in Brazil (Pompulia region) preferably English speaking? ...Lastly, my client and his "wife" live in his childhood Bergen County home for 18 years . At the time of the marriage in 2001 , the home was still owned by his mother who wrote a Will in 2004 leaving the home to my client only. The probate of the Will has not been completed due to issues with his prior estate attorney. If the "wife" could defeat the fraud claims, could she get an interest in this home that my client technically does not own yet? Obviously, my client's mother did not intend for her son's "wife" to get an interest in the house, however a judge mentioned during a settlement conference that she should have some interest in the house due to the long marriage but it wouldn't be 50 percent.  Thank you so much!  If you know of good case law to back up some of my position i would really appreciate it. Thanks so much for any input that you can give me !

------------------------------
Christine Moriarty Brophy Esq
Christine Moriarty Brophy, PC
(201)785-1658
------------------------------