Is the $100,000 deposit subject to equitable distribution?
This issue arises occurs very frequently. When a couple is in love they rarely consider the financial consequences if the marriage is a failure. In many marriages one spouse comes in the marriage with most of the money. Quite frequently the husband pays for the entire deposit to purchase the marital home with premarital monies. If the couple ultimately gets divorced then the husband will then try to claim that the deposit monies consisted of premarital monies, and that it is not part of the marital estate. This type of analysis is flawed and it will shock many upset spouses. A very illustrative case is Weiss v. Weiss, 226 N.J. Super. 281 (App. Div. 1988). In the Weiss case, the husband made a $5,000 down payment on the marital home and he executed a mortgage on the home and a note four months before the marriage. The title to the home was placed in his name solely. Together, the parties made substantial repairs and improvements to the home both before and after the marriage. The Weiss
