Legal Question in Real Estate Law in New Jersey

Legal Ownership

I'm a 50% co-owner of a property that belonged to my mother, who deeded to my sister and myself ten years ago. My sister and her family, as well as my mother, still reside at that residence, and therefore pay all of the expenses, including the real estate taxes.

I heard someplace that, by law, my share of the equity in the property could be subject to forfeiture due to the fact I'm not paying the taxes.

So my question is: is there any truth to this statement - could the law ignore the fact that I'm a 50% owner, as named on the deed, just because I'm not paying the taxes?


Asked on 11/04/07, 2:56 pm

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: Legal Ownership

No

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Answered on 11/05/07, 10:01 am
David Heron David C. Heron, Esq., LLC

Re: Legal Ownership

No - the deed controls as to actual ownership - however if your family stops paying taxes things change.

Also it is perhaps beneficial to have an agreement concerning who is responsible for the payment of taxes, insurance etc outside of the actual deed.

This post is not legal advice and does not create an attorney-client

relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.

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Answered on 11/05/07, 10:08 am


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