New Jersey Family Law Attorneys
Call to Request a Free Consultation 732.810.0034
Division of Assets & Debts Call Us for Upfront & Straightforward Legal Representation

Middlesex County Property Division Attorneys

Dividing Assets & Debts for Clients in Somerset, Union & Monmouth Counties

If you are considering divorcing your spouse, it is important to understand the potential issues which you may encounter as it relates to the division of property. If there is no prenuptial agreement in place, you could be facing the potential loss of half of your assets or taking on half of your spouse’s debts. Having an understanding and compassionate East Brunswick property division lawyer can help you comprehend all of the potential legal ramifications you can experience and help guide you through them. Rozin | Golinder Law has helped many clients through their divorce by providing them with personalized attention and honest counsel.

Reach out to our Middlesex County asset division lawyers at (732) 810-0034 to learn how we can help you.

Equitable Distribution in New Jersey

In the state of New Jersey, there is “equitable distribution” of property which means to divide property in a way that is fair under your particular circumstances. While equitable does not mean equal, parties will normally split their assets and debts down the middle if they divorce. Ultimately, the court will look at various factors in determining what is fair and a Judge may not always order a 50/50 split. Prior to engaging in the divorce process make sure you learn as much about your assets and debts as possible. If you believe your spouse is hiding assets, we have a means of finding them and you are entitled to know the entire financial picture before entering into an agreement.

Some of the ways a fair distribution of assets and debts can be reached include:

  • Mediation
  • Arbitration
  • A judge’s ruling
  • Negotiations with you and your spouse
  • Negotiations between your attorney and your spouse’s counsel

How to Keep Your House in a Divorce

One of the biggest factors determining what happens to any piece of real estate after a divorce is when the property was purchased and how it was used during the marriage. For example, if the property was purchased by one spouse prior to marriage, it may be considered a separate asset and belong exclusively to that spouse. If the property was used as the primary marital home, however, or if it was used as a source of marital income, it may have been converted to a marital asset and is therefore subject to equitable distribution.

If both spouses have an equal ownership interest in a home, there are many strategies that can be used to divide it without a fight:

  1. Buy out: One spouse may “buy out” the other spouse by paying them for their share of the home’s equity. This is especially preferable if spouses share children, as many parents will desire to maintain a sense of normalcy and avoid selling the house to allow the kids to continue to live there.
  2. Sell the house: Many divorcing couples choose to sell the house and split the proceeds. Some choose a 50/50 split, while others base the proportions on the percentage of income each spouse brought to the marriage.
  3. Compensate with other assets: Another popular strategy is to allow one spouse to keep the house in exchange for compensation in the form of other assets, such as vehicles, savings accounts, or investment accounts.
  4. Mesher orders: A third option is for one spouse to defer to receive compensation for the house until it is sold when the children move away or the other spouse remarries, known as a Mesher Order. The downside of this arrangement is that both spouses remain on the home’s mortgage, oftentimes making it difficult for the party who has moved out to obtain another mortgage to purchase another home.

Regardless of the specifics, the process of valuing a home and negotiating its division can expose divorcing couples to various legal pitfalls if not handled with the assistance of an experienced attorney.

Call Us for Upfront & Straightforward Legal Representation

At Rozin | Golinder Law, we pride ourselves on providing detailed and honest counsel for our clients. We don’t make outlandish promises to our clients that we won’t be able to keep. Our clients are treated as though they were our own friends and family. They are treated with respect and work directly with our East Brunswick property division attorneys who will not hand the case over to someone else.

Contact us at (732) 810-0034 to arrange for an evaluation of your case at no cost!

Our Blog

Recent Posts
  • Are Attorneys Necessary When Creating a Prenuptial Agreement?

    Couples planning to wed often create prenuptial agreements to protect their individual and joint assets. While technically you can draft your own ...

    Continue Reading
  • Am I On the Hook for My Ex’s Student Loan Debt After Divorce?

    In a New Jersey divorce , shared debts, just like shared assets, are subject to equitable division. But determining who is responsible for student ...

    Continue Reading
  • Who Gets Custody of the Online Passwords in a New Jersey Divorce?

    Divvying up property is part of pretty much any New Jersey divorce. Increasingly though, couples are caught up in examining who gets the online ...

    Continue Reading

Real Reviews From Previous Clients

  • Successful Relocation

    “Elizabeth Rozin-Golinder successfully represented my wife on a couple of occasions. Once was for child custody and the most recent was for child relocation, which required a plenary hearing. Elizabeth was very easy to communicate with in person, over the phone and through email. She worked very diligently to ensure that each case was aggressively presented and won. I highly recommend Elizabeth to anyone in need of a top notch family attorney.”

    Joshua A.

  • Exceptional Attorney

    “Elizabeth has been representing our family for over a year now in a very sad and complicated custody case that involves the protection of my step daugter. It was a case where the original custody was out of another state. From the day we retained her she's been a godsend. Her motions and arguments reflect the personal interest she takes in every client. She's direct, honest, and very realistic. She's taken us through the temporary emergency custody process...the permanent custody process...and now the child support and contested custody process. She was instrumental in getting the jurisdiction of the child's custody granted to NJ. She has always prepared us for the worst yet we walked out with what we needed to happen each and every time. She's still fighting for this child through this last phase. Elizabeth is a true child advocate it's been apparent since day one. You never know what judges are going to decide but Elizabeth knows the laws, she knows the court room game, she develops a strategy and in my family's eyes she's a top notch attorney. I know one day soon she will climb to the ranks of one of the most powerful family attorneys in this state if she isn't alreay there. She's aggressive, smart, honest and a true talent at what she does.”

    Lynette D.

  • Forever Grateful

    “Professional and absolutely down to earth, Mrs Rosin-Golinder and her knowledgeable staff listened to my needs and crafted a prenuptial agreement that will not only act as a safety net for my business but as piece of mind if thing don’t go as planned. With my first marriage around the corner, my first child on the way and preparing for my first mobilization , it was an amazing feeling to have something I feared and was very very uncertain of, turn out for the best. Thank you is most certainly an understatement but for the sake of expression..... THANK YOU. You definitely have a client for life. Two thumbs up LIZ!!!”

    Anthony R.

  • Amazing Lawyer!!!

    “Elizabeth was amazing from the very beginning of my divorce process. She not only was clear and prompt in all communication, but also connected with me on a personal level where I felt very comfortable going into all details of my divorce and the reasons why I was getting divorced. I whole heartily recommend her and her team. Not only did she help me through the process, but did so within 4 months! I met her in March and was divorced by June! Thank you so much Liz, you are truly an exceptional lawyer!!”

    Shirley G.

  • Very Highly Competent, Excellent, Compassionate, NJ's Top Attorney

    “I retained her after reading online reviews about her and I am so glad I believed it. I read other client comments and I truly agree with them she is an Exceptional attorney who has helped me to get my kids back to NJ, then got my TRO dismissed in a full blown FRO trial and represented me in my divorce case too. My case was extensively litigious and very volatile. The way Elizabeth handled it was TERRIFIC. She is one of the Attorneys who does not want unnecessary litigation unless the opposing party doesn't want to settle and keeps litigating and we had to go through it. She knows the LAW and very often she is able to read the Judge's mind which I have witnessed in the court order.”

    Pranav G.