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A spouse’s conveyance of a home, during the marriage, that the spouse had exclusively owned before the marriage

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November 13, 2012 at 12:21 pm


Law Lessons from CHRISTINA MANTEY f/k/a CHRISTINA MANTEY-SCHWARTZ VS. ERIC SCHWARTZ, App. Div., A-1831-11T4, October 29, 2012:

In Perkins v. Perkins, 159 N.J. Super. 243, 246 (App. Div. 1978), the appellate court upheld a trial judge’s determination that a husband’s conveyance of property to himself and his wife which the husband had owned personally before the marriage, constituted a gift, thereby creating a tenancy by the entirety. Similar findings of a gift were reached in Pascarella v. Pascarella, 165 N.J. Super. 558, 564 (App. Div. 1979) and in Canova v. Canova, 146 N.J. Super. 58, 81-82 (Ch. Div. 1976), both of which also involved a spouse’s conveyance of a home, during the marriage, that the spouse had exclusively owned before the marriage. Moreover, in Weiss v. Weiss, 226 N.J. Super. 281, 286-87 (App. Div. 1988), a home purchased in a husband’s name two months prior to the marriage was held to be a marital asset subject to equitable distribution because a “marital partnership” had been created prior to the marriage ceremony. The court noted this result was appropriate “where the parties have adequately expressed that intention and have acquired assets in specific contemplation of their marriage.” Id. at 287.



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