Who Gets The House In A Divorce In NJ?

by | Apr 12, 2022 | Selling Advice, Divorce

When a couple in New Jersey divorces, one of the most important decisions they have to make is who gets to keep the house. This can be a difficult question to answer, as there are many factors that need to be taken into account.

In this blog post, we will discuss who typically gets the house in a divorce and some of the things that you need to consider before making a decision.

Marital Property vs. Separate Property

Deciding what is marital property and what is separate property can be difficult, especially in a long-term marriage. Marital property is generally defined as any asset that was acquired during the marriage, regardless of who holds the title.

This includes things like the family home, cars, furniture, and savings accounts. Separate property, on the other hand, generally refers to any asset that was acquired before the marriage or after the couple has separated.

This can include inherited property, gifts from third parties, or personal injury settlements. In some cases, separate property can also include assets that were originally marital property but were later transferred to one spouse as part of a divorce settlement.

Determining which assets fall into which category can be complex, so it’s important to speak with an experienced divorce attorney in New Jersey who can help you understand your rights and options.

Is My House In NJ Marital Property?

If you’re considering divorce, you may be wondering what will happen to your property. In particular, you may be wondering if your house in New Jersey is considered marital property.

Generally speaking, all property that is acquired during the marriage is considered marital property. This includes the family home. However, there are some exceptions. For example, if you owned the house before the marriage, it may not be considered marital property.

Similarly, if you inherited the house from a relative, it also may not be subject to division in a divorce. Of course, every divorce is different and the laws vary from state to state.

Therefore, it’s important to consult with an experienced divorce attorney to learn more about how your property will be

How Can I Keep My House In NJ During A Divorce?

New Jersey courts will consider a number of factors when determining who will get to keep the house in a divorce. One of the most important factors is who is on the deed to the property.

If both spouses are on the deed, then the court will likely award the property to one spouse or the other. However, if only one spouse is on the deed, then the court may award the property to that spouse.

Another important factor is whether either spouse has filed for bankruptcy. If one spouse has filed for bankruptcy, then the court may award the property to the other spouse.

Finally, the court will also consider whether there are any minor children involved in the divorce. If there are minor children involved, then the court may award the property to the spouse who has primary custody of the children.

These are just some of the factors that the court will consider when determining who gets to keep the house in a divorce. Every divorce is different, so it’s important to speak with an experienced divorce attorney who can help you understand your rights and options.


Divorce is a difficult process, both emotionally and logistically. One of the most daunting tasks can be figuring out what to do with the family home.

If you’re looking to sell your house fast after a divorce, inherited property from a recently passed loved one, or just have too many repairs, our team can provide the best possible solution that is both stress-free and fast. Get a free offer quote today so you can get a clear vision of what moving forward can look like for you.

If you’re interested in learning more about selling a home in NJ, continue reading our other resources:

  1. Sell your house fast in New Jersey
  2. Can You Sell Your House In NJ With A Tax Lien On It?
  3. Where To Buy A House In NJ
Ronaldo Stewart
Ronaldo Stewart

Ronaldo Stewart is a seasoned real estate professional with three years of experience in helping people sell their homes and has established himself as a trusted and knowledgeable resource in the real estate community.

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