Legal Question in Wills and Trusts in New Jersey
does primary residence make you half owner?
30 years ago my parents bought our home. 7 years after that my Mom died, years later my father re-married he and my step-mother have lived their ever since (18 years) My father is dying and wants to out thw house in my and my brothers names, my step-mother says that half of the house belongs to her because it's her primary residence...therefore she wants to ''sell'' us the house. Is she an owner? Does she have to sign off or is it only my fathers house?
Also, does a pre-nuptual agreement expire?
2 Answers from Attorneys
Re: does primary residence make you half owner?
chances are good that your mother and father owned the house as husband and wife. On your mother's death, the house passed to your father as the survivor. You should get a copy of the deed to verify this. Your step-mother does not own the house, however, as a spouse, she has certain rights to the property and to your father's estate even if he were to exclude her under his will. If the house is their marital residence (likely) she would probably need to sign the deed in order for your father to trasfer title to you or your siblings.
A pre-nuptial agreement does not typically "expire" and is likely still in force.
Re: does primary residence make you half owner?
If your step mother's name is not on the will, she only has a "dower" interest which is a fixed percentage based on her age, plus the right to live there as long as she is alive. The balance goes to you and your siblings. As to the pre nutptial agreement, it last as long as the people do unless there are specific provisions for events upon death. If you need more advice, please call me.
Bernie Berkowitz 973-808-2003
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