Legal Question in Real Estate Law in New Jersey
Transfer of property back to oneself
What form to use to transfer property from joint tenants with right of survivorship back to myself since there is no longer a joint tenant.
Can't I just request the other name be removed from the deed since I am the mortgage holder.
We were also not married so there is no divorce agreement.
3 Answers from Attorneys
Re: Transfer of property back to oneself
Mr. Corbett is correct if your joint tenant has died. I couldn't tell from your question whether that was the case or if you just split up.
Our answers would be different if the joint tenant is still alive and you just want to buy her out.
Re: Transfer of property back to oneself
You must prepare and file a new deed. If you call Stephen Cea, Esq. in Newark at 19738546714 he can assist you for a reasonable fee.
Re: Transfer of property back to oneself
If you are correct that you are a joint tenant, there is no need to do anything. If you were the only other joint tenant at the time of death, title transfers to you by operation of law. To save time when you do sell the property, it would help for you to obtain a copy of the death certificate and keep it with your records.
That whole situation would change if you were tenants in common. To be sure, you should probably have your current deed reviewed by a lawyer. If it makes you feel safer, you can quitclaim the property to yourself and get a separate deed, but this is not really necessary.