Jersey Courts for More than 30 Years.
At Brause, Brause & Ventrice, L.L.C., we understand and appreciate the importance of dividing property in every divorce. Our divorce attorneys are well versed in guiding clients through the criteria that courts in Middlesex County and through the State of New Jersey use to equitably distribute property.
When a New Jersey court addresses the division of property in a divorce, property is divided based on equitable principles, which are principles based on fairness. Property is not divided simply based upon whose name appears as the owner or the title holder on a particular account, on a parcel of real estate, or on any other asset. In general, all marital assets are subject to equitable distribution. Marital assets are assets that are acquired by either party or are acquired jointly by both parties during a marriage from the date of a marriage through the filing date of a divorce complaint. In other words, both parties typically have an equitable interest in all marital assets, regardless of whose name appears or is recorded as the owner of the asset, with some exceptions. Exceptions include property that one party inherits in her or his name only or receives as a gift in her or his name only that has not been comingled with other marital assets. These are complicated concepts that the divorce attorneys at Brause, Brause & Ventrice, L.L.C., stand ready to explain.
The relevant statute requires a court to consider, but not be limited to, the following factors to order an equitable distribution of property:
The relevant statute also provides that there is a rebuttable presumption that each party made a substantial financial or nonfinancial contribution to the acquisition of income and property while the parties were married.
The attorneys at Brause, Brause & Ventrice, L.L.C., proudly serve the legal communities in Middlesex County, Metuchen, Edison, Piscataway, Woodbridge, East Brunswick, North Brunswick, and throughout New Jersey. Please call us to schedule a free initial consultation at 732-767-0044 or contact us online today.