Is property owned before marriage subject to equitable distribution ?
In New Jersey any property that is owned by a spouse prior to the marriage remains their own property, and it is exempt from equitable distribution. See, Painter v. Painter, 65 N.J. 196, 214 (1974): (Holding that the increase in value during the marriage of pre-owned property may be subject to equitable distribution if the non-owner contributed to its appreciation).
In New Jersey any property that is owned by a spouse prior to the marriage remains their own property, and it is exempt from equitable distribution. See, Painter v. Painter, 65 N.J. 196, 214 (1974): (Holding that the increase in value during the marriage of pre-owned property may be subject to equitable distribution if the non-owner contributed to its appreciation). However, if a home is purchased in contemplation of marriage then even though it was purchased by one spouse individually before the marriage, it may still be subject to equitable distribution. Weiss v. Weiss, 266 N.J. Super. 281 (App. Div. 1988). In the Weiss case the court held that “A marital partnership may be found to have commenced prior to the marriage ceremony, where the parties have adequately expressed that intention and have acquired assets in specific contemplation of their marriage.†Id. at 287.
