Legal Question in Wills and Trusts in New Jersey

I will assume you are asking who will own the house if one of you dies. I cannot give a firm answer without seeing the deed. Assuming that you both purchased the property while married, and assuming you took title as husband and wife with no other designation in the deed, then you owned the property as "tenants by the entirety." When you became divorced, this was legally converted into a "tenancy in common." Therefore, if one of you dies, the survivor will own the property 50%, with the other 50% going to the legal heirs of the person who died. The heirs are the people who would take under the Will of the person who died, or by intestate succession if no Will. In other words, this is not a joint tenancy with right of survivorship. If your ex-husband dies first, you may not end up owning the entire property. Again, this answer is based on assumptions and for illustration purposes only. I suggest that you speak with an attorney to insure that your expectations will be met.

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