Legal Question in Real Estate Law in New Jersey

Your question is more appropriate in the Family Law category.

Once you became divorced, the property become one half yours. If he dies, his half will go to his next of kin or whomever he left it to in a Will. If you want you can force him to sell the property or buy you out by filing a lawsuit called a Partition action. If you want you can wait. If your son inherits his half, you will have to be appointed his guardian in the county Surrogate before you can sell the property. If you need help with this, our office specializes in this kind of matter.

You have said that the Court decided that the money from sale would be split 50/50. I need to know what the divorce judgment says, and what the settlement agreement says, to be able to tell you for sure what will happen. I can tell you: you and he do not own it as 'husband and wife' (called 'tenants by the entirety') since you got divorced. That means that you do NOT automatically own his half when he dies. As I said, I need to know more. He can give his half by a Last Will And Testament to anyone he wants.

I think you have to get on this now, BEFORE he dies. Please call my office to make an appointment. This consultation will be free of charge, and I will let you know what I can do to help you.

Robert F. Davies, Esq.,

Phone: 201-820-3459, Hackensack New Jersey.

Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. 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.

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com