Can I Partition Property That I Owned With My Spouse After Separation But Before Divorce in NJ? | New Jersey Partition Actions | FastCounsel
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Can I Partition Property That I Owned With My Spouse After Separation But Before Divorce in NJ?

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under New Jersey law, a “partition” action allows co-owners of real property to divide or sell their interest. Even if you separate from your spouse but have not yet divorced, you can file a partition action to split titled ownership in New Jersey. See N.J.S.A. 2A:34-23(b) and N.J.S.A. 2A:34-24.

Key Considerations:

  • Separate vs. Marital Property: Partition typically covers separate property acquired before marriage, by gift, or by inheritance. Marital property falls under equitable distribution in divorce (N.J.S.A. 2A:34-23 et seq.).
  • Effect on Divorce: A divorce court can adjust property splits under equitable distribution, even after a partition. The court may reverse or modify a pre-divorce partition if it conflicts with fair division principles.
  • Filing Process: To start, file a complaint for partition in the county where the real estate lies. Serve your spouse, attend hearings, and obtain an appraisal. The court will then order division in kind or a sale with proceeds divided.

Because partition and divorce courts have overlapping jurisdiction, coordinate strategy. If your goal is to separate property interests quickly, partition offers a formal path. If you intend to divorce soon, consider waiting for the divorce court to handle distribution under equitable principles.

Helpful Hints

  • Review the property deed to confirm co-ownership type (joint tenancy vs. tenancy in common).
  • Determine whether the court will treat the property as separate or marital.
  • Request a professional appraisal before filing.
  • Investigate any mortgages, liens, or restraining orders that may block partition.
  • Consider mediation or negotiation to avoid the time and cost of court.
  • Consult an attorney early to align your partition strategy with upcoming divorce proceedings.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.