Full question:
I am a 60 yr woman who would like to leave my husband of 5 yrs. The property was his before our marriage. I do not want anything from him. I don't care if we divorce or not. My question is, 'Since NJ is a community property state,if I leave and purchase myself a home, is he entitled to anything if we are only separated?'
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: New Jersey
Answer:
New Jersey law does not provide for a formal legal separation. It is possible for you and your spouse to agree to live separately and to resolve all financial and child-related issues in a written agreement. This agreement may be incorporated into a Judgment of Divorce in the event you or your spouse files for divorce at a later time. If you cannot reach an agreement, you can obtain a divorce from "bed and board." This means that you will continue to be married although the courts grant all other rights normally incidental to divorce, such as equitable distribution of assets.
New Jersey is an equitable distribution state in which the court, if the parties have not entered into a settlement agreement, will divide the marital property equitably between the parties, taking into consideration many factors such as; the duration of the marriage, the standard of living established in the marriage, etc
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
