Who Gets the House in a NJ Divorce — Equitable Distribution Explained

One of the biggest questions in any NJ divorce: who gets the house? The answer depends on New Jersey's equitable distribution law.\n\n## Is the House Marital Property?\n\n- **Purchased during marriage**: Usually marital property, regardless of whose name is on the deed\n- **Owned before marriage**: May be separate property, but improvements and mortgage payments during marriage can create a marital interest\n- **Inherited during marriage**: Usually separate property unless commingled\n\n## How Courts Decide\n\nIf spouses can't agree, the court considers 16 statutory factors including:\n- Duration of the marriage\n- Age and health of each spouse\n- Income and earning capacity\n- Standard of living during marriage\n- Needs of custodial parent\n\n## The Simplest Solution: Sell for Cash\n\nSelling the house and splitting the proceeds is often the cleanest solution. It eliminates:\n- Arguments about the home's value\n- One spouse needing to qualify for a mortgage\n- Ongoing joint ownership complications\n- The emotional weight of living in a marital home\n\nSargent Homes buys homes from divorcing couples. Call (848) 220-1830.