Role of the East Brunswick Court in Division of Assets Cases

Dividing assets is part of the separation process. It may be critical to have an understanding of the role of the East Brunswick court in division of assets cases. Discussing a property division attorney could help you find an appropriate solution for your separation or divorce. 

Defining the Role and Reach of the Court in Property Distribution

The court prefers the parties to make these decisions themselves. Going through the divorce timeline, the court does get involved when trying to promote settlement amongst the parties. 

It is always better for the parties themselves to make decisions on how to split items rather than rely on the role of the East Brunswick court in division of assets cases. With the divorce itself, there is mediation that could help the parties with their decision-making, especially if they have children.

The court can have an influence on the actual distribution of property throughout the divorce proceeding. One party could file what is called a Pendente Lite Motion seeking support from the other party, such as alimony.

What is a Pendente Lite Motion?

Pendente lite is Latin, meaning pending the course of the litigation. While the divorce is pending and there are items that need to be decided by the court (whether that be property distribution or financial support). The role of the East Brunswick court in division of assets cases is to make the decision, based on the Motion filed to grant alimony and/or child support during the pendency of the litigation. To make this decision itself and post-judgment decisions, after the parties have reached the divorce and, if there is an issue with regard to the equitable distribution of assets, the court can step in.

What is the Role of the Court Property Distribution?

The court will make a decision, if the parties are unable to make a decision themselves, on how their properties are going to be divided. Often couples cannot decide who gets what and the decision was made on the floor of the courtroom.The court will force the parties to make a decision as to how their properties are going to be divided, and if the parties cannot come to a decision, the court will make the decision for them.

Would the Court Order the Sale of Property to Divide Proceeds?

This is actually pretty common. If there is a home that the spouses lived in and both want to stay in the home, the court will not make its determination as to who is better-suited to stay in the home, but will force the parties to sell the home and split the proceeds.

When talking about homes, the role of the East Brunswick court in division of assets cases is to determine ownership of the home itself. There can be a forced sale for other possessions depending on what it is. It could be a classic car, for instance. Speaking with a trusted attorney could help give you peace of mind during this time.