04 Jul Do I have rights to property purchased by my ex?

Q. I purchased a home with my ex in 1999. For the first few years or so we split everything 50/50. I moved out after a few years and had his child, then I moved back in to raise our child under one roof. At that time I only paid for cable and sometimes for food. We lived totally separate lives – did not take vacations together, went to our daughter’s sporting everts separately, had separate bank accounts, and so on. Our daughter is now 21 and I have since moved out but I still have access to the home. My ex has managed to accumulate a few rental properties in his name only. The home we purchased together has about $500,000 of equity in it as my ex did an extensive remodel. I was not part of the planning or financing of the remodel, Since I was not paying any of the mortgage, I was able to sock away quite a bit of money in my 401(k). Do I have any rights to the rental properties he purchased during our time together?
— Uncertain

A. There are several things to consider here.

The answer would depend on the additional facts, including but not limited to whether you were ever married. You called him your ex, but marriage wasn’t clear.

If the property at issue, whether real estate, retirement assets, bank accounts, or otherwise, was acquired during the marriage, it would generally be subject to distribution at the time of divorce, said Thomas Roberto, a family law attorney with Adinolfi, Lieberman, Burick, Roberto & Molotsky in Haddonfield.

He said New Jersey is an equitable distribution state, meaning property is to be divided in an equitable or fair manner at the time of divorce.

Many factors come into play when it comes to property division. This can include the manner in which the property was acquired, the contributions of the parties toward the acquisition, preservation and appreciation or depreciation of the property, the value of the property subject to equitable distribution and any other relevant factors, Roberto said.

“If property was acquired during the marriage by only one spouse during a period of separation or estrangement, that may be an equitable basis justifying a disproportionate division in favor of that spouse,” he said. “Even then, both spouses would still have an entitlement to distribution of the property, the primary question being what is the extent of each spouse’s equitable interest for distribution purposes.”

If you were never married and you do not have a written agreement regarding property division, that changes the landscape significantly, Roberto said.

Unmarried couples who purchased real property during the course of their relationship are entitled to seek a “partition” of that property, he said. Partition means the division of property amongst co-owners.

Even if the real property is not titled in the names of both parties, it may still be subject to partition depending on the facts and circumstances presented, Roberto said.

“For example, if the property is titled in the name of only one party but the other made financial contributions toward the property — directly toward the property acquisition, improvement, maintenance, etc. — or indirectly by paying other expenses which freed up funds used to acquire the property, it may be subject to partition,” he said.

But, he said, if the real property was acquired only by one party during a period of separation and without contribution from the other, there may well be no entitlement to partition at all.

In cases involving unmarried couples, the property and the manner in which it was acquired are key factors in determining whether there is an entitlement to distribution, he said.

You may want to speak to a family law attorney who can address the specifics of your case. Good luck to you.

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This story was originally published on July 4, 2022.

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