Legal Question in Real Estate Law in New Jersey

Re: Home Sale

If your names are on the Deed, then you and your wife would be co-owners of the property. We would need to look at the language of the Deed to determine the nature of your interest and your rights to the property. Please feel free to contact me if you would like to discuss your rights with regard to the sale of the house.

Re: Home Sale

If you are named on the deed as an owner, you have an interest in the property that cannot, normally be sold without your permission. As a practical matter, this means that the property cannot be sold at all unless you cooperate; no one wants to buy a one-third interest in property.

It's not quite as simple as that, but the fact is that your mother-in-law can't sell the property without your cooperation unless she takes you to court and wins. I would have to know more about the facts to give you an opinion of her chances.

So, if you want market value for your share of the property, don't sign a deed to someone else unless the sale price is adequate.

My answer is based on the few facts that you have presented in your question and without any opportunity to ask questions of you. It can't be considered as an informed legal opinion. Before changing your position or conduct, you should obtain the advice of a lawyer who has had the opportunity to investigate your situation fully and should expect to pay a fee for that advice. If I can be of further help to you, please contact me.

Re: Home Sale

I agree with John and Bryant, that with your name on the Deed, you must be consulted with respect to the sale. I also have not seen the Deed or how it is registered, so I do not actually know what is exactly your interest, or how much of an interest you have. There are many ways to approach your question, but seeing the actual Deed will help give you better advice. If you mail or FAX it to me, I can review it and provide better information. You may even have a claim for services in caring for the property over the years, separate and apart from your ownership interest. I question why your MIL wants to sell it below market value. Is there some special reason or, perhaps, she may not know what the true market value is, or, perhaps, may even be incompetent to make this decision. This is a response to an Internet question and the reply is not to be considered as being legal advice or creating an attorney-client relationship. Differing facts or facts not included with your question may require a different response.

Re: Home Sale

You need an attorney. Selling for less than full value does not make sense. You do not give enough information for an attorney to tell you what you are entitled to, but you really need a lawyer to help.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I will do what I can to help you out.

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: you can not rely on the advice of 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.