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NJ Marital Property

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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