Legal Question in Family Law in New Jersey
prenuptual
If a prenup says a future home should be tenants in common and the prenup signers change their mind and have the house held jointly and one of the spouses die, is the home legally the surviving spouses?
Asked on 2/17/09, 12:33 pm
1 Answer from Attorneys
Salvatore Principato
Salvatore Principato, Attorney at Law
Re: prenuptual
This is a question for a lawyer with full knowledge of all facts and circumstances. Is this a hypothetical question or has it happened? Tenants in common would allow deceased party's estate to receive that share. Was the change to survivorship an error or mistake or intentional? What does the prenuptial agreement state? Many questions for a lawyer. You should get a consult it may be well worth the relatively small consult fee in the long run.
Answered on 2/17/09, 12:53 pm