Blog Archives

When a party in possession of the former marital home fails to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, in violation of court order, the court may grant equitable relief

Posted in *All Posts, Divorce, Equitable-distribution, Property-settlement-agreement, Settlement agreement

Pension benefits derived from the joint efforts of the parties are subject to equitable distribution

Posted in *All Posts, Divorce, Equitable-distribution

The purpose of equitable distribution law is at least in part an acknowledgment that marriage is a shared enterprise, a joint undertaking, that in many ways it is akin to a partnership

Posted in *All Posts, Divorce, Equitable-distribution

The party alleging dissipation of marital assets has the burden of proof on the issue

Posted in *All Posts, Dissipation of marital assets, Divorce, Equitable-distribution

A non-owning spouse may be eligible for a share of the mortgage paydown during the marriage on an otherwise exempt, premarital property

Posted in *All Posts, Divorce, Equitable-distribution

Personal property acquired during the marriage does not automatically becomes joint property

Posted in *All Posts, *Published case, Divorce, Equitable-distribution, Property

Where an innocent bank granted a mortgage on realty based on the husband’s forgery of the wife’s signature, the bank’s claim would not be defeated by a subsequent transfer of the realty to the wife as equitable distribution in a divorce proceeding

Posted in *All Posts, Divorce, Equitable-distribution, Fraud, Real-estate

An executor lacks standing in litigation involving the estate until the will has been probated

Posted in *All Posts, Divorce, Equitable-distribution, Litigation, Probate

Property subject to equitable distribution includes property that was obtained during the marriage due to efforts by either spouse

Posted in *All Posts, Divorce, Equitable-distribution

The portion of a pension legally or beneficially acquired by either party during marital coverture is subject to equitable distribution

Posted in *All Posts, Divorce, Equitable-distribution, Pension

Contact Information:

Paul G. Kostro, Esq.
116 South Euclid Avenue
Westfield, NJ 07090
Tel: 908-232-6500
Email: Paul@Kostro.com
Fax: 908-232-2277
www.KostroLaw.com
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Please review our Confidential Mediation services; and visit our NJ Collaborative Divorce webpage.
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