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Categories for: Equitable Distribution

Maintaining Inherited Real Estate in a New Jersey Divorce
Posted in: Division of Assets Divorce Equitable Distribution Family Law

NJ Legal Protections for Inherited Real Estate in the Divorce Process

February 5, 2025

After much time and consideration, you decide to divorce. You know it is time to separate and divide everything you acquired over the years. Houses, cars, furnishings, financial holdings, accounts, and debts must all be split. But what about the home you inherited during your marriage? You might be confused about whether a real estate property that you inherited is subject to division in a New Jersey divorce. Is Inherited Real Estate Subject to Division in a New Jersey Divorce? […]

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Divorce Doesn't Erase Your Car Loan Agreement, Our Passaic County Attorneys can
Posted in: Division of Assets Divorce Equitable Distribution

The Impact of a Car Loan on Your New Jersey Divorce

August 5, 2024

Considering the Responsibilities and Pathways to Resolve Joint Vehicle Loans in NJ Divorce Cases There are a seemingly endless array of marital assets to consider when it comes to divorce. Both assets and debts that have been obtained during the course of marriage are subject to fair division in a divorce, as part of New Jersey’s equitable distribution laws. Often, high value marital assets such as the family home, real estate investments, and automobiles involve contracts bearing both spouses’ names; […]

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Experienced Attorneys Advising About Student Loan Debt While Navigating Divorce in New
Posted in: Divorce Equitable Distribution Family Law Finances

Honoring a Student Loan After Divorce

November 10, 2023

Exploring Factors Affecting Student Loan Distribution in Divorce Proceedings in Passaic County, New Jersey In most divorces, marital assets and debts are equitably divided, meaning a fair split, given the parties’ circumstances. Separate assets and debts are typically awarded to the party who owned the property or debt before the marriage. Thus, when it comes to student loans, the distribution depends on when the spouse incurred the loan and how the loan benefitted the marriage. So, for example, a student […]

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The Family Lawyers at Our Firm Handle Conflict From Lease Interests in a Divorce Process in Passaic County, NJ
Posted in: Division of Assets Divorce Equitable Distribution Family Law Finances

Managing Lease Issues in the Context of Divorce

October 25, 2023

Divorce Involves a Series of Complex Property Distribution Issues and Lease Considerations are of the Many Included in the List in New Jersey Divorce can be highly complicated, especially when spouses have major disputes regarding property distribution.  The New Jersey courts apply equitable distribution to provide a division of property and assets with as much fairness as possible.  Money that both spouses earned and saved, joint accounts, and assets such as furniture, cars, and real estate are all subject to […]

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Constructive Trusts Attorneys in Passaic County, NJ
Posted in: Alimony Child Support Division of Assets Divorce Equitable Distribution Estate Planning Family Law

The Role of Constructive Trusts in Family Law Matters

September 29, 2023

Constructive Trusts as a Way to Secure Family Law Financial Obligations Such as Child Support or Alimony in Wayne, Clifton, Woodland Park, Montclair, West Orange, and New Jersey A constructive trust, or Callahan trust, is a court-created legal construct requiring one who holds property through unjust or illegal means, such as theft, fraud, or mistake, to maintain it until it is returned to its rightful owner. It is not an actual trust with a trustee but a legal fiction to […]

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