Legal Question in Real Estate Law in New Jersey

For two joint tenants with right of survivorship where one tenant has been given the "right to use, possess, and reside in the premises for as long as she shall live" so stated in the Deed, can a court force the sale of the property in able to divide it if one tenant has the right to use, possess, etc.? Or, can the tenant with the right to use, etc. be forced to "buy out" the other joint tenant by the court? Are there any case law examples?


Asked on 3/10/15, 10:40 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

You asked this question before and I gave you an answer that, upon re-reading the question, may have been less than complete. The problem is that your question has conflicting information and you will need to be more specific. Your statements (1) "joint tenants with right of survivorship" and (2) "use, possess, and reside in the premises for as long as she shall live" describe two different types of estates in land which do not normally co-exist. Please re-submit your question (or call me) to say where, when and how was the (1) joint tenancy created and how is it documented. Then include the same information for (2) the life estate. That was a better answer can be made to the question. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/10/15, 12:37 pm


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