Legal Question in Real Estate Law in New Jersey

Re: Co-signed house where one signer passes away

The answer depends on whether you are named as a co-OWNER on the Deed. If so, there are 2 possibilities, depending on how title was set up. If there is a right of survivorship, the living co-owner has full title. Otherwise, the Estate of the deceased co-owner takes her interest. If you are in my area, you can make an appointment at no cost to have this reviewed.

Re: Co-signed house where one signer passes away

It depends on what you mean by "co-signer".

You should have the Deed reviewed to find out who had legal title and how it was titled between the two owners. If the property was owned as "joint liabtenants with right of survivorship", the couple do not have to be married for the surviving co-owner to become the sole owner.

If the co-signer means only that one of the people co-signed the mortgage papers but was not named in the Deed, that means the co-signer agreed with the lender that the co-signer would be as fully responsible to pay off the mortgage as the owner of the property was.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

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