Legal Question in Real Estate Law in New Jersey

Common law real estate

My mother-in-law has been living with a 48 year old man for the past 10 years in a house (in NJ) where they both share monthly payments. She is not on the mortgage or deed (she is retired and not working, both now and at the time the house was purchased). How can she protect her interest in the property ? His health may be failing. Thanks


Asked on 10/07/07, 2:26 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Common law real estate

Your mother in law could be left with nothing. That is possible.

She needs to see a lawyer immediately. There are several ways to change this, but all of them will depend on what he and she both want, and what he is willing to do.

A Deed would be simple, but there are some gift tax problems and other issues.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 10/08/07, 11:06 am
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Common law real estate

I would prefer to reply to questions with a zip code at least; but I will nonetheless suggest that she get her name on the deed by having the other party sign a deed granting her an interest either as tenant in common or joint tenant with survivorship rights. She will be left otherwise to file a complaint to seek title proving her claim and the their intent & that suit might well fail. The deed is the best thing. A Will of his interest to her is a possibility but again could be changed or chalenged more easily than a deed. Please call or email.

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Answered on 10/07/07, 3:57 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Common law real estate

PS: There is no such thing as common law marriage in NJ since 1939 if that is what you are saying.

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Answered on 10/07/07, 3:59 pm


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