Legal Question in Real Estate Law in New Jersey

Dual Ownership of Deeds

A man wishes to will his house to his daughter. He knows his second wife (not his daughter's mother) will outlive him, so he sets up ''dual'' ownership by putting his daughter on the deed as secondary.

The step-mother decides to put her daughter on as secondary as well. So there are 4 people on the deed.

The man dies, then, in time, so does his wife.

Now the 2 step sisters own the house equally.

The question arises as to disposal of the property. If one owner does not wish the house to be occupied, can she bar the other from renting it?

One owner has a set of keys to the house, but refuses to give keys to the other. Can the one refused order the locks changed?

Lastly, and since this may be the outcome, the man's daughter, can she legally sell her half of the house to someone? Can she force a sale of the house to split the profit? And how would she procede to do this, and what would be the cost? Oh, and what court would be handling this?

I know this is more than one question, but the entire affair is complicated.

Thanks for your answers in advance, look forward to them.

R


Asked on 6/22/03, 1:31 am

2 Answers from Attorneys
Steven Rothberg Law offices of Steven D. Rothberg

Re: Dual Ownership of Deeds

You have asked several questions, which I would need greater detail to answer properly. In general, when two individuals have an interest in a property, and they are not cooperating, the type of action brought would normally be a partition action. Because it involves litigation, it is hard to determine the costs. Also, jurisdiction would normally be in the county where the property is located. I would be happy to talk to you about the situation. My number is 800/443-5084

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Answered on 6/23/03, 9:54 am
Walter LeVine Walter D. LeVine, Esq.

Re: Dual Ownership of Deeds

Complicated question with multiple questions from me to get more facts and, possibly, more than 1 answer. Simple answer is a suit for partition. This is brought by one of the co-owners to get court authorization to sell the property or compel the second owner to buy out the other. As a joint owner, equal access is required, so keys should be give. If refused, change the locks and give a set of keys to the other owner. This can be covered as part of the partition suit. I have concerns about the dual ownership. Was this the father's house originally, or purchased by him and second wife? This answer raises issues about how and why the second wife was put on the Deed in the first place. What was really intended by the father if it was his house originally? Did he actually intend to allow the wife to put someone else in title for a 1/2 interest, to defaet his daughter from inheriting the ntire house? There may even have been malpractice by the attorney who drew the original Deed, but more information is required.

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Answered on 6/23/03, 10:54 am


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