Hammonton, NJ Divorce Law Firms & Lawyers

Answer: A New Jersey court technically does not have jurisdiction over real property outside of the state and any order equitably distributing such property will only be as effective as a court in another state or country determines it to be in the event that it is met with a challenge. Within the U.S., this is usually not a problem, as a court of one state typically honors and defers to divorce agreements from other states. However, there is a likelihood that you would have difficulties trying to enforce an American divorce decree purporting to distribute real property in India in an Indian court of law in the event that your spouse challenges it. You should consult with an experienced matrimonial attorney in both New Jersey and India to find out what your rights are. Additionally, in order to be eligible to file for a divorce in New Jersey, you need to have resided here for at least one year prior to filing. You should consider meeting with an attorney well-versed in these areas. I recommend you seek a law firm that concentrates in family law. This concentration allows the attorneys to better understand the issues and complexities of you matter.

You father deeded his interest in the house to your husband.  Therefore your husband owns what your father owned and does have rights to the house.    

Yes - the judge should consider that in the equitable distribution of what assets are remaining.  Your spouse cannot gift away large amounts of money during the divorce and then claim equitable distribution of the remaining sums.  Good Luck.