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 does not have a formal legal separation process. You and your spouse can agree to live separately and create a written agreement to address financial and child-related matters. This agreement can later be included in a Judgment of Divorce if either of you files for divorce.
If you cannot reach an agreement, you can seek a divorce from "bed and board." This allows you to remain married while granting rights similar to those in a divorce, including the equitable distribution of assets.
New Jersey follows equitable distribution laws, meaning that if you and your spouse do not have a settlement agreement, the court will divide marital property fairly. Factors considered include the length of the marriage and the standard of living during the marriage.
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.