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Property Law

What Is A Joint Tenancy In New Jersey and How to Cancel One

2024-04-08T19:16:34+00:00

In New Jersey, there are three ways you can hold title to real property with another party. You can be tenants in common, Tenants in the Entirety or Joint Tenants. Tenants in common is the easiest. If two parties hold title as tenants in common, they each own 50% of the property. Each can freely sell their own interest to any other party. And their interest can, in most cases, be freely levied upon by a creditor or spouse as part of a divorce. Since February 4, 1812 if two unmarried parties purchase a property together and the deed is silent [...]

What Is A Joint Tenancy In New Jersey and How to Cancel One2024-04-08T19:16:34+00:00

Spousal Rights to the “Marital Residence” – Dower, Curtesy and Their Replacement

2024-04-08T18:16:13+00:00

The majority of homes which are resided in by a married couple were purchased by them together. In that case, NJSA 46:3-17.2 would normally control. This statute states that "A husband and wife together take title to an interest in real property or personal property under a written instrument designating both of their names as husband and wife". Basically, the husband and wife each have a title interest in the entirety of the property. Each owns 100% of the property and, with a few very limited exceptions, their individual interests can't be transferred, levied upon or otherwise divided by one spouse [...]

Spousal Rights to the “Marital Residence” – Dower, Curtesy and Their Replacement2024-04-08T18:16:13+00:00
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