Legal Question in Real Estate Law in New Jersey

I have been willed a home in nj but my mother has put in the deed that her 2nd husband can live there as long as he wants. I would like to get the equity out of it. Can I make him move out after we probate the will?


Asked on 5/12/11, 5:45 am

3 Answers from Attorneys

Tina Amodeo Law Office of Tina Nielsen Amodeo, LLC

No, you cannot make him move out unless he wants to move out.

You may be able to obtain equity out of the house, though, even if he is living there. Call a real estate attorney to discuss this.

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Answered on 5/12/11, 6:05 am
Larry Raiken Larry S Raiken LLC

It sounds to me that prior to the death your mother created a life estate toher 2nd husband. If this is true then you can't make him move out but you may be able to borrow against the equity Contact my office to discuss this issue.

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Answered on 5/12/11, 6:24 am
Robert Davies The Davies Law Firm, P.A.

If he has a 'life estate' then he stays unless...and the unless is what we should talk about.

As far as getting equity out, you may be able to do that. Home equity line of credit or maybe a mortgage.

Give me a call, make an appointment to come see me, and let's get moving on this for you. You are only an hour away, more or less.

No charge for the first office visit.

I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 5/12/11, 6:46 am


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