Legal Question in Real Estate Law in New Jersey

Re: property before marriage

Tricky question. For divorce/property settlement purposes, the house may be considered a pre-marital asset. For purposes of selling the home, refinancing or dealing with title to the property, she has a marital property interest by virtue of residing in the property with you as a principal marital residence.

Re: property before marriage

If the house is your primary marital residence, your spouse has statutory rights, such as being able to reside there after your death. I suggest you have a post-marital agreement, if you desire, to waive these rights or restrict them. If the spouse is not on the Deed, there are no equity rights if the house is sold. Divorce could raise the lifetime residency issue.