Who Gets The House in a NJ Divorce Case?

"Will I lose my house?"
"Can I stay in the home with my kids?"
"Do I have to sell it — even if I don’t want to?"

These are some of the most common and emotional questions I hear every week.

Here’s the truth:

In New Jersey, there is no law that says that the marital home must be sold during a divorce.

But — whether or not the house gets sold depends on the facts of your case.

Let me explain your options.

You Basically Have 3 Options:

Option 1: You Stay in the Home and Buy Out Your Spouse

If you want to stay in the house:

• You’ll likely need to refinance the mortgage into your name

• You’ll need to pay your spouse their share of the equity

• There’s no discount for imaginary real estate commissions (a common mistake)

This is a great option if you can afford it.

Option 2: You Sell the Home and Split the Proceeds

This happens when:

• Neither spouse can afford the home alone

• There’s too much conflict to make a buyout possible

• The judge orders the sale because there’s no agreement

After the sale:

• Mortgages and liens are paid off

• Remaining profit (or loss) is split

Option 3: You Trade the Home for Another Asset

Sometimes one spouse keeps the house…
…and the other keeps the business or another valuable asset.

This is called an asset exchange, and it must be carefully negotiated to ensure fairness.

So What Should You Do?

That depends on: ✅ Your finances
✅ Your mortgage situation
✅ Whether you have children in the home
✅ Whether you're the one filing for divorce

The most important thing you can do right now is get informed — before you act.

Get My Free NJ Divorce Course — 100% Confidential

I created Steve Kaplan’s Divorce Course to help you:

✅ Understand your legal options
✅ Learn what judges actually do with the house
✅ Avoid costly mistakes early on
✅ Get the “edge” in your divorce negotiations

It’s completely free.
We don’t ask for your name.
You can use any email you want.

Enter your email in the form on this page to get instant access.

What You’ll Learn:

✅ How courts decide who gets the house
✅ How to keep the home if you want to
✅ How to protect your credit and financial future
✅ How to negotiate from a position of strength

My lessons are short, easy to read, and based on 37 years of New Jersey divorce experience.

If you want to unsubscribe at any time — it’s one click.

But most people stick around because they find the content very helpful.

Don’t Make a Move Until You Know Your Rights

I hear this all the time:

“I wish I learned this before I agreed to anything.”

Don’t rush. Don’t panic.

Let me help you understand your options — so you can protect what matters.

All we need is your email.
You’ll get the first lesson immediately.

So sign up now.

I’m looking forward to helping you.

Until next time,

Steve

Steven J. Kaplan, Esq.

Specializing in Divorce
Throughout New Jersey

5 Professional Circle
Colts Neck, New Jersey 07722

(732) 845-9010

www.KaplanDivorce.com