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.