A PROFESSIONAL FULL SERVICE
ROOFING COMPANY
Expertly Trained & H ighly Skilled Crews
• Roof Maintenance & Repairs •
• Complete Roof Replacements •
• Standing Seam Metal Roofs •
• Tile Roofs •
• Decorative Metal Accents •
• Metal Dormers •
• Siding & Gutters •
520 Route 37 West, Suite 4
Toms River, NJ 08755
TheJournalNJ.com | APRIL 2021 59
NEW JERSEY’S PREMIER
ROOFING EXPERTS
Residential & Commercial
24/7
CUSTOMER
SUPPORT
Dear Cassie: I am in the process of going through a divorce. During
moved into it and lived in it for several years. The house needed a lot of
work, so we spent a lot of time and money in re-constructing the home.
But since I inherited it, my husband has no claim to it, right? -K.F.
Dear K.F.: The short answer is – it depends.
Generally speaking, assets that are acquired by way of inheritance
are exempt from equitable distribution. If an asset is “exempt from equitable
distribution,” the asset is not divided between the parties, but is
retained solely by the party who inherited the property. However, there
are exceptions to this general rule.
If marital funds were used to improve the value of an inherited
home, then the non-inheriting spouse can argue that he or she is entitled
to share in the appreciation in value of the home that resulted from those
incomes either party earned during the marriage. However, marital funds
do not include other funds you inherited, such as savings accounts and
investment accounts.
To be able to evaluate whether improvements to the home increased
the value of the home, you would need to know what the value of the
home was before the improvements, and what the value of the home is
after the improvements. Generally speaking, appraisals are a good way to
ascertain those values. It is generally substantial capital improvements
Have a divorce and family law
question for Cassie? Submit your
question to admin@paonezaleski.
com for consideration in the next
edition of “Ask Cassie.”
Cassie Murphy is a divorce and
family law Partner with the Law
Woodbridge.
ASK CASSIE
Keep in mind that only increases in value to a home that result from
the active efforts of the parties during the marriage are distributable.
Therefore, any increase in the value of a home due solely to market con-
In addition, it would be relevant to know whether there is a mortgage
against the inherited home. If the monthly mortgage was paid with
marital funds during the marriage, then the non-inheriting spouse can
argue that he or she is entitled to equitable distribution of the portion
of the principal balance of the mortgage which was reduced during the
marriage.
If you are dealing with the issue of equitable distribution of a
home, whether it is exempt or not exempt, you should seek the advice of
matrimonial counsel.
Monday–Saturday
Saturday
8:00am–4:30pm
On On Call Sundays
/TheJournalNJ.com
link