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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: equitable distribution of marital home

Supreme Court Says That Unless You Specifically Agree Otherwise, Date of Value for a House is the Date of Distribution

Posted in Equitable Distribution

Last year, we published a post entitled He Who Hesitates (To Sell Former Marital Home) May Have Lost.  However, the Supreme Court disagreed in Sachau v. Sachau decided May 11, 2011. In Sachau, the marital home was supposed to be sold on a triggering event, the emancipation of the youngest child, which in this case was in 1984.  The house… Continue Reading

Show me the Documents

Posted in Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements

A recent case was filed concerning a woman who entered into a Marital Settlement Agreement with her then husband in which the marital home was not to be sold immediately, but provided for how the proceeds would be distributed when it was. The Husband, however, was in poor health, and the agreement did not provide for… Continue Reading

Tax Issues can Have Serious Consequences for Settlements

Posted in Equitable Distribution

The disposition of the marital home is oftentimes the most pressing financial issue in a divorce case. The current real estate market brings tax issues to the forefront which must be given consideration. When negotiating a settlement, (or preparing for trial) it is important to understand the tax consequences of the disposition of property. Too often, parties simply… Continue Reading