19 Apr My marriage wasn’t legal. What happens to my house?

Q. I’m a veteran and bought my house via a VA loan. I was always the only one on the loan. My wife and I were together as husband and wife on the deed. When she died a few years ago, I recorded a new deed just with my own name. Over a year ago, I remarried so I recorded with my county record in office a new deed that had both me and my new wife on it. Then she died, and I recently I found out that my first wife had a legal husband the entire time she was married to me in China. She basically lied when we got married but I married in good faith. Can my dead wife’s legal husband in China claim half of my house because his wife was the owner with me?
— Confused

A. We’re sorry for the loss of your wives — and that you’re left with this difficult and unique issue.

Here’s what you need to consider.

From a family law perspective, the disposition of real property acquired during your marriage will really come down to whether your marriage to your first wife was actually valid or if it was void from inception, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.

If your marriage was not valid, an annulment may be necessary to formally recognize the non-existence of any legal union between you and your first wife and dispel any equitable distribution claim, if any exists, Lawrence said.

She said New Jersey recognizes two forms of annulments — those that are void “ab initio,” meaning the marriage was void from its inception, and those that qualify for a voidable annulment.

“In New Jersey, a marriage can be void for several reasons, including if one of the parties already has another legal spouse at the time of the subsequent marriage and the other party does not know about that existing marriage, known as polygamy,” Lawrence said.” “If your first wife was married to an individual in China prior to and during her marriage to you, and you were unaware of her marriage to this individual when you and her married, it may be possible for you to have the marriage annulled as void ab initio, even if she has since passed away.”

Other examples of void or voidable marriages include marriages between blood relatives or marriages where one of the spouses was under the age of consent at the time of the marriage, Lawrence said.

Even if a marriage can be annulled void ab initio, it is wise to have a court legally recognize the annulment so that you are not faced with any future issues, she said.

“Notably, you will have the burden to prove that your first late wife was already married at the time of your marriage to her in order to be granted the annulment,” she said. “If the annulment is granted, your first late wife would have no equitable interest in your residence, from a family law perspective, because the marriage would have never existed.”

Her other source of entitlement might be through an ownership interest by virtue of her name being on the deed, Lawrence said.

“Since it is unclear as to how you and your first wife took title to the marital residence, it may be helpful to also review this issue with a real estate professional to determine what the right of survivorship might have been, if any, at the time of her passing,” she said.

Consider speaking to an experienced family law attorney who can look deeper into the specifics of your situation.

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This story was originally published on April 19, 2022.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.