This is a case whereby my son, 23 and his wife, 21 were married in 7/2011and 2 days after the marriage she gave birth to my grandson. After 2 years when she got her green card, she took my grandson and left in 7/2013. No communication till they met in 7/[login to view URL] 7/2016 to 12/12/2018 ( divorce filed), they did not live together. Each maintain separate household. From 2015 to 2017, I bought houses in my son name with my money and money from my investors whereby I deposited the money in my son checking account and a joint saving account in both my son name and my investor name . Since it was purchased in my son name before divorce was filed in 12/2018, she is trying to claim that the properties are marital property. The properties were transferred on 11/2018 to my company before the filing of the divorce in 12/2018. Properties had since been sold. No commingling of fund/ no joint account with ex-wife. No marital money was used because my son does not work as he was a student until May 2019 when he graduated. I been supporting my son. She worked and kept her money to herself in her bank account and wired an average of $1,250 to her mom monthly.
Plaintiff and Defendant have lived separately since June 2013 in what is called a Defacto Divorce when partners in a marriage separate and start leading their separate lives. Though not legally divorced, these people are “divorced” in fact.
From 6/2015 to 11/2017, several properties were purchased under Defendant’s name while Plaintiff had already abandoned the marriage and lead her separate lives. According to New Jersey's equitable distribution laws state that “all property, real, personal, or otherwise, legally or beneficially acquired during the marriage by either party by way of gift, devise or bequest shall not be subject to equitable distribution, except that interspousal gifts shall be subject to equitable.
Marital property is subject to equitable distribution. Separate property is not. Marital property is defined as all property acquired during the marriage up until the date of separation. Separate property is property that was acquired prior to the marriage and continues to be maintained as separate or property that is acquired during the marriage from a third party such as an inheritance or a gift. Many states exclude property acquired by gift from a third party from the marital estate, because gifts are not earned by the efforts of the marital partnership. In this marriage, the fact/truth is there is no marital asset per se; only separate properties.
Her lawyer stated and I am going to rebut.
1. Third-party defendant, nor defendant for that matter, have provided any proofs indicating where the monies to purchase the properties came from.
(This is false because I have provided ample proofs, testimonies, cancelled checks, wire transfers, indicating where the monies to purchase the properties came from in my pretrial statement and exhibits.)
2. They have refused to provide information tracking the monies in any manner so that plaintiff and the Court could see monies coming from the Third-party defendant into the account of defendant/ husband and then being removed from defendant/ husband account to purchase the properties in question.
3. Additionally, they have failed to show deposits from Third party into the account of defendant/ husband that could constitute gifts.
Rebuttal: (This is false because I had submitted several of my cancelled checks as exhibits to show deposits from Third party into the account of defendant/ husband that could constitute gifts.)
In my initial summary judgement, judge order :
Plaintiff’s request for partial summary judgment and that the court find all properties acquired during the marriage are subject to equitable distribution is DENIED WITHOUT PREJUDICE.
Judge did not dismiss me from the case. I had prepared my Pretrial statement for trial but now I think I should file for a 2nd Summary Judgment with brief and material facts.
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