Episode Summary:
In this episode of For Better or For Court: Family Law in New Jersey, attorney Alix Claps, a certified matrimonial law attorney and partner at Heymann & Fletcher, breaks down one of the most emotional and complex parts of divorce — deciding what happens to the marital home. She explains how courts evaluate ownership, equity, and financial feasibility, and why factors like children, mortgages, and timing all play a major role. Alix also discusses buyouts, refinancing challenges, and what trade-offs might make sense when keeping the family home feels like the only option.

Key Timestamps:

00:00 – Overview of the marital home as both an emotional and financial anchor in divorce.
01:10 – The emotional and economic weight of the marital home in New Jersey divorces.
02:00 – How ownership, timing, and contributions affect whether it’s divided.
03:15 – How courts evaluate who gets what when homes were owned before marriage or improved during it.
05:00 – How the court (or mediation) may delay sale or transfer until after graduation.
06:20 – How fair market value is determined and what disagreements often arise.
07:45 – What to consider before deciding to keep the home, from mortgage rates to refinancing challenges.
09:00 – Judgments, debts, and bankruptcies that can complicate property division.
09:45 – Options for selling or renting and the emotional impact on families.
10:30 – Why informed trade-offs matter when choosing between financial stability and emotional attachment.
About the Show:
For Better or For Court: Family Law in New Jersey features attorney Alix Claps of Heymann & Fletcher as she breaks down complex family law topics — from divorce and custody to property division and financial planning. Each episode helps New Jersey families make informed, confident decisions through every stage of family law challenges.