Isserlis v. Isserlis

Furman, J. S. C.

On motion the issue is raised whether a wife is entitled to reimbursement from her husband for one-half the mortgage payments on the marital home, which she paid out of support awarded to her in a judgment of separate maintenance (N. J. S. 2A :34-24) and a preceding order pendente lite.

The ownership of the marital home as a tenancy by the entirety survived the judgment of separate maintenance. See Lawrence v. Lawrence, 79 N. J. Super. 25, 32-33 (App. Div. 1963); 4 Powell on Real Property (4th ed. 1967), § 624, p. 671. Some judicial opinions have referred to the relationship of…