Legal Question in Real Estate Law in New Jersey

While a spouse has minimal rights rights in real estate unless he/she is actually named in a Deed, there is a right of life estate in the marital primary residence, even if a spouse is not named in the Deed. So, as long as your friend does not occupy the property as a marital residence and maintains the property in her individual name, the husband should have no rights. However, the value of the property and its income, if any, could impact equitable distribution, alimony and child support if she were to divorce. You do not say if you have children from your marriage. If you do, or contemplate having them in the future, you might consider placing your ownership interest in a trust, with your friend as primary beneficiary on your death, or giving her a life estate and then to your children after her death. If you have questions, contact me for a free consultation.