When a couple divorces in a community property state, each spouse has equal and immediate ownership interest in all property acquired or owned by a couple during the marriage, which will be split evenly. But in equitable distribution states such as New Jersey, each spouse can buy or acquire property in his or her name alone, and the other spouse has no ownership interest in the property. In these cases, marital property is divided fairly — and equitably, but not necessarily equally — through equitable distribution, regardless of which spouse has acquired the property. Victoria Sanderson Rand has the necessary knowledge and familiarity with New Jersey’s property division laws to ensure that you will obtain the fairest settlement.
Before the actual distribution of the property, your lawyer will need to determine what property will be distributed and the value of said property. Equitable distribution states classify property as either “marital property,” assets acquired during the marriage and available for distribution, or “separate property,” assets acquired prior the marriage and exempt from division. I have the necessary familiarity with New Jersey’s equitable distribution laws to distinguish property as either marital property or separate property. I also have the skill to trace the commingling of separate assets with marital assets, prevent unfair distribution and ensure that no assets or debts are overlooked.
Marital property may include anything you have that could be considered an asset, such as:
I strive to convert an otherwise stressful and contentious matter into a positive resolution. My experience has equipped me to handle negotiation and mediation when appropriate, affording you greater control over the outcome. But even if you and your ex-spouse are unable to initially agree on an equitable marital division, I act as fair and impartial mediators to help you both move forward after the divorce.
Call Victoria Sanderson Rand at 856-845-9194 or contact me online to schedule a consultation at my woodbury office.