Legal Question in Real Estate Law in New Jersey

Re: real estate question

You will need to look at the deed and, if you are still not sure, ask a lawyer to look. If the entry for the Grantee's names you and your husband as either "joint tenants" or as "tenants by the entirety", the surviving tenant will get the interest of a deceased tenant by operation of law. The same result is reached(in NJ) if the deed names the grantors as "husband and wife" and they are actually husband and wife on the date of the deed. So, most likely if your husband were to die, his undivided half interest in the property would pass to you automatically as a matter of law resulting in you being the sole owner of the property.

If you are concerned that this might generate a family problem, you may want to have a lawyer look over the deed and tell you your rights.

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

Re: real estate question

Without seeing the Deed, John is correct that any of 3 listings assure you, as the survivor, will inherit the entire house upon your husband's demise: (1) simply stating H/W or husband and wife, (2) JTROS or joint tenants with right of survivorship, or (3) Tenants by the Entirety. If the Deed says "Tenants In Common", your husband is free to Will his children his 1/2 of the house, but by law you have the right to continue to reside there until you die. If this last point is the case, something should be in writing about who is responsible for what costs (taxes, insurance, repais and maintenance, etc., or there could be problems down the road. I suggest this be reviewed by an attorney and if you do not become the sole owner, some written document be prepared, signed and notarized to cover these matters. If you need assistance, contact me directly.