Legal Question in Family Law in New Jersey

Re: Deeds

A "Survivorship Deed" is a form of deed that is most commonly used when a husband and wife purchase real property together, although it can be used in other situations. This deed allows the owners to "avoid probate" upon the first death (but when the survivor dies, the property will be subject to probate administration). It is not recommended that such a deed be used between parents and children, siblings or unrelated parties unless you have consulted with a lawyer. With a survivorship deed, the last living person named on the deed becomes the 100% owner of the property. If the objective is to divide the property equally among several people, a survivorship deed should not be used.

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