In a Decision – Puerta v. Puerta- (an "Unreported Decision") >>
the Court Held:
The Court GRANTED an AFTER the Divorce award of Equitable distribution when a default occurred and the titled spouse essentially did not offer the marital residence for Equitable distribution relying simply upon the ownership of the House remaining in such titled spouse’s name.
Under the Court Rules, a plaintiff seeking equitable distribution generally first must file and serve a Notice of Final Judgment under Rule 5:5-10. However, a plaintiff whose name is already on the house could eliminate any equitable distribution interest his or her spouse has in the home by simply avoiding a claim for such relief at the time of divorce. Here, defendant, who defaulted in the divorce proceeding, would end up with the entire equity in the marital property without ever even asking for same.