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Is my ex husband entitled to any equity on our home if he relinquished his rights when we divorced?

Is my ex husband entitled to any equity on our home if he relinquished his rights when we divorced?

Full question:

My husband and I are getting divorced. In October 2006 he signed the house over to me relinquishing all claim to it. We went through a settlement and now the deed is in my name only. Now, he decided that he wants part of my house. Is he entitled to any of it?

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: New Jersey

Answer:

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.

FAQs

What is a wife entitled to after 20 years of marriage?

After 20 years of marriage, a wife may be entitled to a share of marital property, which can include assets acquired during the marriage, such as the family home, retirement accounts, and other investments. The division is based on equitable distribution principles, considering factors like the length of the marriage, contributions to the household, and financial needs. It's advisable to consult a family law attorney for personalized guidance based on specific circumstances.

Can ex-wife claim my retirement years after divorce?

Yes, an ex-wife may claim a portion of retirement benefits accrued during the marriage, depending on the terms of the divorce settlement or court order. Many retirement plans are subject to division under the Qualified Domestic Relations Order (QDRO) process. It's essential to review your divorce agreement and consult a lawyer to understand your obligations regarding retirement assets.

Can an ex-wife come after assets after divorce?

Generally, an ex-wife cannot pursue assets after the divorce is finalized unless there are provisions in the divorce decree that allow for it, or if new evidence arises that warrants a modification. If the divorce settlement did not address certain assets, or if fraud is suspected, she may have grounds to seek a claim. Consulting a family law attorney can provide clarity based on your specific situation.

Can you get divorced without going to court?

Yes, it is possible to get divorced without going to court through a process called uncontested divorce. This occurs when both spouses agree on all terms, including asset division and child custody. They can file the necessary paperwork together, often using mediation or collaborative divorce methods. However, specific procedures may vary by state, so it's important to check local laws.

How many years after a divorce can you claim assets?

The ability to claim assets after divorce typically depends on the terms of the divorce settlement. Most states have statutes of limitations that limit the time frame for claiming assets, often ranging from a few years to a decade. If you believe there are undisclosed assets, it’s crucial to consult a lawyer to explore your options and understand the applicable time limits.

Do I own half the house if my name is on the deeds?

If your name is the only one on the deed, you typically own the house outright. However, if the house was purchased during the marriage, it may still be considered marital property, which can affect ownership claims during divorce proceedings. It's important to review the circumstances of the purchase and consult a legal professional to understand your rights.