In a divorce, in New Jersey, and lets assume the White House is located in Jersey City, who would get the White House in the divorce? Who would get the marital residence? I guess that is another assumption as Melania does not live in the White House, at least not full time, yet. Anyway, in a divorce, the marital home and what will happen to the marital home due to the dissolution of marriage is often an issue of great contention. There are numerous factors as to who will remain in the White House if a divorce were to occur and that the White House was either owned or Leased directly to the Trumps. In Schaeffer v. Schaeffer, (App. Div 1982), the court reasoned that the custodial parent should continue in exclusive possession of the marital home with the children for a defined and limited post-divorce period, the determination of what is fair, practical and workable is not subject to any definitive rule or standard, but must be dictated by the particular circumstances, subject only to equitable principles. So from that, it would seem President Trump would have to work out of some other place and not in the White House as mom would have the marital residence however, the length of time the couple has lived there is also a factor and that factor would be in President Trump’s favor.

While we know this is merely a hypothetical, and that the White House is government property and serves as more than just a home, when you are in a divorce or are thinking about it, the marital residence is of major concern to divorcing parties and their children, we understand that. Of other concerns would be President Trump being the first President to have his wages garnished to pay child support and alimony along with other ways for him to pay.

I do not wish Donald Trump or anyone to go through divorce but if you do you should work with an experienced family law/divorce attorney that can guide you as to how long you can stay in your White House or if it needs to be sold. Contact my Jersey City team of Jersey City Divorce Lawyers on 201-706-7910 today.


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