Is NJ a Community Property State?

New Jersey is not a community property state. It is an equitable distribution state, so New Jersey divorce courts divide your marital assets in an equitable manner, which means distribution between you and your spouse will be fair but not necessarily equal.

To come to a fair distribution, the court takes several factors into consideration. They will look at whether the couple made large purchases jointly, held joint accounts or were involved in joint ventures. If a joint venture was established, then a petition initiated partition can be filed with the court.

The court seeks to work towards the best interests of the parties involved and will work to divide things equally. If property cannot be divided equally, the court may order a property be sold so that the proceeds can be divided equally between the parties.

While married, couples can make claims for alimony and for equitable property distribution – unmarried couples generally do not have that right. The court will most likely rely on the concept of common law and work to come to a fair distribution. There are very little statutory laws that New Jersey has defined for the protection of unmarried couples.

If you want to ensure your rights are protected and you have the same protections afforded to married couples, such as spousal support, alimony, pension plans, child custody, social security, and the equitable distribution of property and assets- then consider getting married. If this is not an option, consider having a legal document drafted. Our skilled lawyers will help you understand all of the complexities surrounding common law marriage in NJ, and how best to safeguard your rights.

Our firm handles all areas of family law relating to children, custody, and child support. Every case is important to us, and we work to resolve your situation. If you have questions about your situation call and schedule a free consultation with our expert attorneys.

Call 732-414-6669 and get the legal advice you need.