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New Jersey Homestead Declaration following Decree of Legal Separation or Divorce

Category:
Real Estate - Homesteads
State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
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Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

Does New Jersey Law Provide for a Legal Separation? New Jersey has a law that permits a legal separation for partners in a "civil union," which is a legislatively authorized status similar to marriage. However, there's no law that specifically references legal separation for married individuals.

If the property or asset was purchased or acquired during the marriage by way of the income or the efforts of either party (separately or jointly), the property will be deemed marital for purposes of equitable distribution upon divorce.

Separation can give both parties more time and space to consider their goals and desires while the divorce is final. It provides breathing room to prevent further conflict and gives each person time to reflect and heal. Separation can also allow to experience independence while keeping your relationship legally intact.

One of the benefits of separation before divorce is that it allows time for potential healing and possible reconciliation. Sometimes time apart is just what's needed for a couple to reconnect. Many married couples have intermingled finances from their life together.

You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.

It is unlikely that your wife would be entitled to one-half of the value of your house in the divorce. New Jersey is an equitable distribution state, which means marital property is divided fairly, but not necessarily equally.

A legal separation is when a married couple decides to live separately but remains legally married. A divorce, however, is the legal dissolution of marriage ? meaning the court terminates the marriage's legal bond, determines child custody and support, and divides assets and liabilities.

A legal separation is when a married couple decides to live separately but remains legally married. A divorce, however, is the legal dissolution of marriage ? meaning the court terminates the marriage's legal bond, determines child custody and support, and divides assets and liabilities.

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