Legal Question in Real Estate Law in New Jersey

Proprety rites

I am buying a house with my fiancee. Both of our names are on the real estate contract. I am putting down 100% of the down payment and providing the remainder form my current home's equity. This amounts to about 600K. A mortgage under my name only will be obtained for the remainder, about 200K. I will also be the primary financial provider. If we do NOT marry and ended up moving and selling the house, would she get half? Even though I paid for everything?

Thank You


Asked on 6/09/06, 10:19 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Proprety rites

You will get replies from many attorneys. Let me be the first to say it:

do not do this. cut off your fingers before signing any further documents. stop. immediately.

You are about to commit a horrendous mistake for hundreds of thousands of dollars, and make your life, and probably your fiance's life, more painful and difficult, regardless whether you marry or not.

You need to meet with an attorney who handles divorce situations (that is the area of law you are dealing with), immediately. me or someone else, but you need legal advice today. now. You need to know what you are getting into. There are so many things that can go wrong that I can not list them.

I am very glad you are asking this question before putting all of that money down. A few hundred dollars of attorney's time could save you thousands of dollars of attorney's time.

If you would like, give me a call to set up an appointment; I am in northern New Jersey, probably about 40 minutes from you (your zip code is on your posting). The consultation may be free, speak to me and I will let you know ahead of time. I will do what I can to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/09/06, 10:58 am
Drew Hurley Law Offices of Drew M. Hurley

Re: Proprety rites

I actually like the title of your question "Property Rites" (as opposed to "rights") since it suggests the answer to your question. You should engage the services of a matrimonial attorney who can prepare a prenuptial agreement for you which can deal with the house issue before the marriage rites take place. Your fiance' should get her own attorney to review the agreement even if you pay for him or her. You should do this long before the marriage and certainly before closing on the property. Good luck.

Drew Hurley, Esq.

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Answered on 6/09/06, 3:45 pm
John Corbett Corbett Law Firm LLC

Re: Proprety rites

I can offer you no better advice than has Mr. Davies. Read what he has to say.

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Answered on 6/09/06, 4:14 pm


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