Legal Question in Real Estate Law in New Jersey

Re: NJ Real Estate Law regarding title for minor

You can make sure that your lawyer puts the proper language on the deed. I specialize in real estate in the State of NJ amd can help.

Re: NJ Real Estate Law regarding title for minor

Minors may not legally have title to property. You should definitely not put him on the deed, and no lender should lend to a minor.

There are several ways to provide for your son - you may want to state a trust for your interest in the property, that will provide that upon your death, your son will own your interest [you'll also need to name a trustee to hold his interest if he is still a minor]. That trust should give you sufficient flexibility in dealing with the property, including to sell or mortgage it, during your lifetime.

You may also leave your interest in the property to your son by having a Will.

Any approach depends on you and your domestic partner NOT taking title as joint tenants with right of survivorship. If you do that, the survivor of you will automatically become the only owner upon the death of the first to die. The property would not even be included in your estate, so that if your Will gives your interest to your son, that would be ineffective.

A problem with any of these arrangements is that your son could end up owning 1/2 of the property, and if he and your domestic partner do not agree over how the property should be held, lived in, or disposed of, it will create major difficulties.

This is a sufficiently complicated situation to warrant consulting a lawyer. In any case, you should have estate planning that provides for whomever you want, but also protects your son's interests.

P.S. All couples who are domestic partners should have solid Will documents [including Durable Powers of Attorney, Advance Health Care Directives and appointment of a agents to enforce your stated health care directives. So you and your partner should also take care of your estate planning.

Re: NJ Real Estate Law regarding title for minor

I agree with Savyon that proper title registration is required. Be sure the Deed describes te owners as being "equal tenants in common". This designation gives you an undivided one-half of ownership which you can leave to your son by your Will. I also suggest you have some written agreement with your partner, that should be dated and signed by both of you, and notarized in case it ever needs to be recorded, that spells out what are the obligations of each of you, what will happen if the relationship ends while you both are living, and confirms what happens when either of you pass away. This is necessary both to protect you and your son, both if the relationship ends or you predecease your partner or your partner predeceases you. I have done closings and these types of agreements many times, so if you need further information or assistance, contact me directly