NJSBA Family Law Section

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  • 1.  Pre Marital Home - what can she get?

    Posted 05-14-2013 07:49 AM

    Hello list-mates,

    Client (wife) was initially in an on again off again dating relationship between 1992 and 2001 with her now husband.  In 2001, he told her that he wanted to purchase a home for her and their daughter to live in.   He bought a home for 220k and two months later, when the daughter finished school in a different district, they began residing together as a family in the home.  Between 2001 and 2006, wife received an inheritance and spent approximately 25-30K on the home (finished basement, lawn sprinkler system, fence, etc.).  She additionally paid several of the home's utilities, food for the family, and all expenses for the parties' daughter while H paid mortgage and some of the other carrying costs. Parties married in 2006 and they continued with the above spending pattern and my client additionally purchased the majority of the home furnishings. 

    What, if anything should wife receive as to the home?  Am hoping to get her more than a portion of the pay-down on the mortgage.   Homes value in 2006 was 450K and current value is 308K as per Benchmark.  Any suggestions or substantive cases on the issue for guidance would be truly appreciated.   

     

    TIA

    Eric B. Hannum

     

    Lansing and Hannum, LLC

    2095 W. County Line Road, Ste. 4

    Jackson, NJ 08527

     

    P - 732.370.9596

    F - 732.370.8153

     



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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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  • 2.  RE:Pre Marital Home - what can she get?

    Posted 05-14-2013 10:12 AM
    Eric:  

    I came across this issue in a divorce matter several years back.  There is a very bad appellate decision that says the post purchase spouse is not entitiled to a share of the realty (Marital residence) that was paid down during the marriage just because of equitable distribution.  I can't remember the name of the case but I bet Deb Guston would probably know the name.  Celine November was my adversary in this case and she taught me a lesson.  So if she or sees this, she might remember the name of the case.

    If no one on the list tells you contact me off list and I will scan through my digital files and find it for you.

    Because of this case then, the house distribution is, effectively, handled like a partition matter.

    I don't get why a house should be treated differently than any other asset in a marriage, e.g., a spouse is entitled to the coverture share of a pension begun prior to marriage...so why not the equity in the house?

    The trial judge in my matter told me to take it up on appeal but, of course, my client had no coin to do that

    Best,

    Marianne

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    Marianne Auriemma Esq.
    Maywood NJ
    (201)712-9663

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    Original Message


  • 3.  RE:Pre Marital Home - what can she get?

    Posted 05-14-2013 11:49 AM

     

    226 N.J.Super. 281, 543 A.2d 1062)

    Superior Court of New Jersey,Appellate Division.

    Diane F. WEISS, Plaintiff-Respondent,

    v.

    Alan R. WEISS, Defendant-Appellant.

    Argued June 7, 1988.

    Decided July 11, 1988.

    SYNOPSIS

    In dissolution action, assets of parties were distributed by the Superior Court, Chancery Division, Family Part, Passaic County, and husband appealed. The Superior Court, Appellate Division, Skillman, J.A.D., held that: (1) date prior to marriage ceremony can, in appropriate circumstances, qualify as date of commencement of marriage for purpose of deciding whether property is marital asset subject to equitable distribution; (2) house purchased during six-month engagement period was marital asset; (3) marital home was to be valued as of date of trial; and (4) value of husband's interest in family business was subject to equitable distribution.

    Affirmed in part, remanded in part.

     



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    Charles Abut Esq.
    Hackensack NJ
    (201)342-0404


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  • 4.  RE:Pre Marital Home - what can she get?

    Posted 05-14-2013 12:17 PM
    Also see Rule 5:7-4:

    4.3. Distributability of specific property.

    4.3.1. Pre-marital assets; enhanced value of non-distributable assets. Although ordinarily assets acquired prior to marriage are not distributable, a marital residence purchased in contemplation of marriage is distributable. See Weiss v. Weiss, 226 N.J. Super. 281 (App. Div.), certif. den. 114 N.J. 287 (1988); [more authority] Winer v. Winer, 241 N.J. Super. 510 (App. Div. 1990). The rule of non-distributability generally applies to assets acquired during a period of pre-marital cohabitation, Mangone v. Mangone, 202 N.J. Super. 505 (Ch. Div. 1985); Rolle v. Rolle, 219 N.J. Super. 528 (Ch. Div. 1987). Nevertheless, assets then acquired may be distributable if the parties intended to create a marital partnership in contemplation of marriage. Berrie v. Berrie, 252 N.J. Super. 635 (App. Div. 1991).  The enhanced value of non-distributable assets, including assets acquired prior to marriage, is distributable to the extent contributions and efforts toward growth of the asset were made after the marriage by either or both spouses and the appreciation was not merely the result of market conditions. See Valentino v. Valentino, 309 N.J. Super. 334, 338 (App. Div. 1998). And see Wasserman v. Schwartz, 364 N.J. Super. 399, 412 (Law Div. 2001), noting the rebuttable presumption under N.J.S. 2A:34-23.1 that each party made a substantial contribution to the acquisition of income and property during the marriage.


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    Jenny Berse Esq.
    Cranford NJ
    (855)FAM-LAW1

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