Legal Question in Real Estate Law in New Jersey

When married my wife and I purchased a lot which is deeded in both our names which gave us right of survivorship. However, we divorced and she has recently passed. Does the right of survivorship carry over? What do I have to do to get the property in my name?


Asked on 10/16/12, 8:52 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

I have not seen the Deed, but if your description is accurate, you have inherited the entirety of the property. A new Deed from you, as the survivng joint tenant, to you, single or unmarried, should do it. It is best that an attorney assist you as more documents than just a Deed are required. Contact me if you need assistance.

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Answered on 10/16/12, 9:39 am
Miriam Jacobson Retired from practice of law

Was it deeded to you as husband and wife, or specifically as joint tenants with right of survivorship.? If the latter, the property becomes the survivors upon the death of the first owner.

There may have been recent changes in NJ law that would affect ownership if it was as husband and wife, which creates a "tenants by the entirety". That has similar effects as right of survivorship, but is available only to married people and divorce may change the ownership into tenants in common. As tenants in common, each would own a 1/2 interest, and that interest would be part of the deceased's estate.

So the wording on your deed is critical in determining who owns the property or part of it.

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Answered on 10/16/12, 11:34 am


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