Legal Question in Wills and Trusts in New Jersey

New Jersey: House Deed in name of Husband and Wife, Is this Joint Tenancy?

Divorce occures and Divorce agreemant states house is to be sold. However sale does not occur due to the current market. Wife passes away. Does the house house pass automatically to the co-owner and supercede the divoce agreement, or does it go to the Estate.

Thank You


Asked on 9/22/09, 9:39 am

2 Answers from Attorneys
Cori L. Socher Cori L. Socher, Attorney at Law

Hi, title passes automatically to the surviving spouse in these kinds of situations.

Good luck!

Cori Socher

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Answered on 9/27/09, 4:06 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I disagree with the above answer.

While the title may technically be vested in the surviving ex-spouse, they certainly do not have clear title. At a minimum, there is a "constructive trust" on the house which would require that the divorce judgment be followed. The deceased spouse's estate could go to court and enforce the divorce judgment, and require a sale and distribution of the net sales proceeds.

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Answered on 9/28/09, 10:37 am


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