Legal Question in Family Law in New Jersey

Does a wife have to sell her house even if husband cheated?

I know a woman with a husband that cheated on her. They are now going through a divorce and she says that she will be forced to sell her house if she doesn't buy him out. Is this true? Is there anything she can do to prevent this? Also, is there any way she can get alimony even though her income was greater than his?


Asked on 3/30/05, 8:43 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Does a wife have to sell her house even if husband cheated?

Your question presumes that the cause of action (adultery in this case) has some bearing on the manner in which the property is divided (equitable distribution); it does not. In many cases, if one party cannot afford to buy out the other, the property is sold. This is only a general proposition, however, and the actual facts will dictate the result. As to the alimony question, there are many statutory factors, only one of which is the amount of money earned by the respective parties. All of the factors need to be reviewed in order to determine whether alimony is appropriate in any individual case. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a New Jersey divorce/family law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 3/31/05, 1:51 pm


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