Fort Carson, CO Divorce Law Firms & Lawyers

In NJ they are both subject to Equitable Distribution and must be considered as marital property for the period the parties were married. Protection only applies for any time the parties were not married.

You probably should file for invalidity of marriage to ensure your planned marriage is valid without question. You could get a copy of his prior divorce decree as evidence that your 2006 marriage was not valid.

The best answer to your question will depend upon certain facts which are not disclosed in your question. For example, is there substantial equity in the house (i.e. value over and above any mortgage or other liens). If so, you can protect yourself by placing a lien on the home which you would not discharge until your ex-husband pays you your money. It is important to do this as soon as possible after your divorce so that your ex-husband does not have the opportunity to take out an equity line or incur any other type of debt which becomes a lien on the property (your lien is superior to any liens that arise after you record, it is subservient to any liens that predate your filing). If there is little or no equity in the house (or at least less than 25K), are there other assets against which you could have a lien to secure your debt? If your judgment has not yet been finalized, you should make sure that there is language in it describing your lien(s). If your name is still on a mortgage, you will also want to make sure that the judgment contains consequents (immediate listing and sale) if your ex-husband defaults on the mortgage payments.