Legal Question in Real Estate Law in New Jersey
�Tenants in Common� going to �Tenants in Entirety� (Husband and Wife) 2/3 share and 1/3 share another person. Can one person sell their share? Must all agree to sale?
2 Answers from Attorneys
That can't be done. Tenancy by the entirety is a special estate that can only be held by husband and wife. By definintion it is in equal shares of the undivided whole; it cannot involve a third party tenant.
Creating a tenancy by the entirety from something else where one of the marriage partners holds a current interest is a bit tricky and should not be done without competent legal advice.
I hope that helps.
See also: http://info.corbettlaw.net/lawguru.htm
I am not sure what you are trying to set up, but it will take a little assistance from an attorney.
You can have a husband and wife own part of the property (they will own 50/50 as to their part of it) and have someone else own another part of the property.
And everyone who owns the property must agree to sell it and sign the Deed.
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