Legal Question in Family Law in New Jersey

If it was a gift only to you and his name was not and is not on the deed, the condo is not part of the marital estate and is not subject to equitable distribution in your divorce. If you put his name on the deed to the property you make a gift to him and the condo becomes a marital asset.

You shouold have hims ign a quitclaim deed to you. There may be issues at time of divorce regarding the increase in value and whether any marital funds were used to upkeep the condo.

There is no straight answer to your question. If you want to keep this as your separate property, do not put his name on the deed. The answer might change if this condo becomes the marital home and you both live in the condo because the longer you are married, the more the asset will loose its exemption from equitable distribtuion. I would also have him sign a quitclaim deed to you once you are married and make sure you record the deed so it becomes part of the chain of title.

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