Legal Question in Real Estate Law in New Jersey
I live in the state of New Jersey. My husband passed away a year ago and we owned a home with my daughter and son-in law. Does my husband's share automatically become mine?
2 Answers from Attorneys
The answer depends on how the Deed to your house was written. I would need to see it to tell you. Usually, husband and wife own as exactly that, 'husband and wife'. If that is so, then his share of ownership transfers to you on his death automatically, so long as you were still married then, and so long as some other factors (fairly unusual) do not apply.
If you owned the house with your daughter and son in law, then you should now own all of what you and your husband owned, and they continue to own the same share they always have.
Again, I need to see documents and talk to you to give you a definite answer.
Give me a call, make an appointment to come see me, and let's get moving on this for you.
Robert Davies, Esq. 201-820-3460
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No. You stated that there were four owners to start. If title was as joint tenants, your husband's share is divided among the surviving tenants and no action is necessary. If, as is likely, the deed said that you were "tenants in common" or said nothing at all about the type of tenancy, your husband's interest becomes part of his estate and it is necessary to have the title determined under his will or under the laws or succession without a will. /p/ See also: http://info.corbettlaw.net/lawguru.htm