Abandonment of the Home and Hackensack Asset Division
In New Jersey divorces, marital property is divided pursuant to the laws governing equitable distribution. Equitable distribution requires marital property to be divided fairly, which does not necessarily mean equally.
This raises the question: What happens to your house when your spouse abandons your home? The property division attorneys at Moskowitz Law Group understand how abandonment of the home and Hackensack asset division work can impact equitable distributions. Call us today to schedule a consultation and learn how we can protect your rights.
What is Abandonment of the Marital Residence?
The Court will consider a spouse to have abandoned the marital residence if they intentionally and permanently left the marital residence without a prior agreement to do so. This does not include temporary absences, such as business trips, medical events, or taking some time apart to have a break. This also does not include leaving the residence to protect the spouse or the parties’ children from domestic violence or abuse.
Impact on Equitable Distribution
A spouse in Hackensack does not automatically lose their right to their equitable share of the marital residence because they abandoned it. That said, abandoning the residence and leaving the other spouse to take care of and pay the expenses for it can significantly impact how the Court divides the residence in the divorce. The Court’s goal in equitably distributing property is to achieve a fair outcome based on the parties’ unique circumstances. Naturally, the Court will likely not find it fair that a spouse abandoned the marital residence, leaving the other spouse to fend for themselves.
The Court considers many factors in equitably distributing any kind of marital property. In situations where a spouse abandoned the marital residence, the most relevant factors include:
- The economic circumstances of each party
- The income and earning capacity of each party
- The contributions toward the home that the spouse remaining in the property has made to preserve the home
- Whether the spouse who abandoned the house has caused the value of the property to go down or made the mortgage go into default
- Any other factors that the Court deems relevant, which would include how long the abandonment has lasted
- The parties’ children’s best interests
While the court may not look favorably on abandonment, especially if it caused financial problems, it is generally not something that leads to losing property rights completely. The focus stays on fair distribution, and the spouse who abandoned the property may receive a lesser share of it to compensate the other spouse.
For advice tailored to your situation, consult a skilled family law attorney. We can guide you based on the unique details of your case and help you manage the complexities of asset division.
Next Steps and Important Considerations
If your spouse has abandoned your home, you should take measures to protect yourself.
Document Everything Thoroughly
You should know the exact date your spouse left the marital home. Save every single communication about them leaving, including emails, texts, phone calls, or even handwritten notes they might have left. Also, document all expenses that you pay for the home and any expenses that your spouse fails to pay. This all can be used as evidence.
Seek Immediate Legal Counsel
It is important to work with a family law attorney who understands divorce process in Hackensack. A divorce lawyer from our firm can explain your rights and the legal implications of your spouse leaving you and the home.
Maintain the Property and Fulfill Financial Obligations
Even though your spouse abandoned you, you are still responsible for maintaining the house and paying all associated bills that you normally paid during the marriage. Take all necessary steps to stay current on your payments.
Speak to a Hackensack Divorce Lawyer About Home Abandonment and Asset Distribution
Contact our divorce lawyers at Moskowitz Law Group. We have the experience you need and will work tirelessly to protect your best interests. Call us today to schedule a consultation to discuss abandonment of the home and Hackensack asset division.
