Legal Question in Real Estate Law in New Jersey

Re: Two unmarried people buying a house together.

I agree with Mr. Nager but would just add that the exact wording I use is "John Jones and Mary Smith as Joint Tenants with Right of survivorship and NOT as Tenants in Common such that upon the Death of One, the Survivor of them Shall become the Sole Owner of the Property." This phrase removes any doubt about your intentions as to what was to happen if one of you dies. It's also a good idea to make a Will because if one of you pays a major portion of the mortgage, taxes, insurance, it opens the door to a challenge to ownership of the property on the basis that the one who paid was the "true" owner of the property. This challenge to ownership of the property is unlikely to be successful but having a Will makes it virtually impossible. It's just extra protection for the survivor.

Re: Two unmarried people buying a house together.

To give a complete answer to your question, more information is needed. For example, you did not say why you are inquiring about New Jersey law when you have a New York zip code. You did not say whether your co-tenant is the person who should acquire your interest in the house in the event of your death. You did not say whether you want to disinherit your children for all purposes, or just with respect to the interest in the house. The answers to these questions would produce different results. I will try to give you some useful legal concepts that might help.

Assuming that you want your interest in the house to go to your co-tenant in the event of your death, you should have the deed drawn so that you both take title to the house as "joint tenants." This is sometimes written as "joint tenants with right of survivorship." The additional words emphasize your intent and do not change the legal meaning. The survivorship rights of joint tenants operate at the time of the death of the co-tenant; the transfer of title is automatic by operation of law and the property does not pass through the probate estate.

If you want the interest in the property to go to some other party or if you wish to completely disinherit your children, you should do that in your will. DON'T do that yourself or with one of the computer programs that profess to write a good will unless you plan to spend a lot of time in the law library. Simply leaving your children out of your will invites a contest. Any unusual distribution of your property, especially if it disinherits a close relative, should be addressed in the will so that your intent is clear. There are also clauses that can be added to discourage will contests.

A will is also advisable to cover the situation in which your co-tenant pre-deceases you or your death is simultaneous.

Unless you are a very experienced buyer, you should be represented by a lawyer in the real property transaction. Seek that lawyer's advice.

Re: Two unmarried people buying a house together.

There is a different answer depending upon the type of ownership indicated on the deed.

If one type of ownership is used, the property will automatically pass to the surviving owner upon the death of the other owner.

In another type is used, the property will pass to the estate of the owner who passes away. The share of the house will then pass to the decedent's heirs. If the decedent has a Will, that share will pass in accordance with the directions in the Will. The surviving owner will continue to own their share.

If you decide that you need an attorney, please feel free to contact me (718-491-3345).

Re: Two unmarried people buying a house together.

If the deed reads as "Joint Tenants" after the names, it will pass to the survivor and will not become part of the estate.