Legal Question in Family Law in New Jersey


It's starting to look like my spouse and I will be divorcing. We own and operate a business that he started but I came along soon after and am responsible for getting most of the clients, do all billing and accounting, etc. My husband is under the impression that it is his co. and that if he divorces me he will just get it. I love the business almost as much as he does and don't want to give it up, I would like to stay active in it. Not to mention I don't even want a divorce. We are married 51/2, dated 2years. Would the business have to be sold? I own a house which was purchased by me well before we even met, so I assume that he is not entitled to any of that.

Asked on 10/07/02, 3:54 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: valuation issues

You have valuation issues in your situation. In a divorce situation, it can be said generally that the person who is not "in name" on the deed would be at least entitled to some part of the increase in value of the home. This is similar to a business, but is not necessarily so since contribution to the family business is taken into close consideration as well. There are too many variables for me to give you a better answer based on the information you have given me.

As to your issue concerning whether or not you will divorce, you should seriously speak with your husband about counseling. Only when you are sure the marriage is over should you be discussing divorce.

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. You may want to contact an attorney at this time (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 10/08/02, 6:02 am

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