Property Division In Divorce

Summary

In New Jersey, marital property is divided equitably. Property acquired before marriage or received as a gift may be considered separate property. To prevent your spouse from obtaining a share of the condo, you need to prove it is not marital property. A gift letter may be accepted by the court, but it alone may not be sufficient. The court will consider various factors, such as when and how the property was acquired. Consult a local attorney for specific advice.

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I got married in *, since * I am residing in NJ. In *, my father/mother purchased a two-bedroom condo in India under my name due to some tax-related matters. However, I'm a US citizen and have never taken responsibility for the property. Following my father's passing in *, my mother and brother have been maintaining the condo. Despite its legal ownership in my name, I never had any involvement, I hardly go for two weeks once in a three years to see my parents. My mother has made it clear that the condo is considered family property shared among her, my brother, and me. Currently, I'm going through a divorce in New Jersey, and my spouse is seeking a share of the condo. What are my legal options to prevent my wife obtaining any share? Would the court accept a gift letter on my name from my mother as evidence? What are my options?
Here are some general points related to your situation:
- In NJ, marital property is divided equitably, not necessarily equally.
- Property acquired before the marriage or received as a gift may be considered separate property.
- You might need to prove the condo is not marital property.
- A gift letter may be considered, but the court will also look at other factors.
- Consult a local attorney for specific advice.
Does court accept gift letter with todays date?
Yes, courts typically accept a gift letter regardless of its date. However, the letter alone may not be sufficient to prove the condo is a separate property. The court will consider various factors, such as when and how the property was acquired.