Legal Question in Real Estate Law in New Jersey

No. As tenants in common, the children have an undivided fractional interest in the ownership and the right to occupy and use the premises. The fact that they have not exercised the right means nothing at the time of sale. Note also that the non-occupying owners have no special right to have the occupying owner pay more of the taxes and assessments on the premises. So, if that kind of arrangement is to be part of an arrangement, it is best to have a written agreement drawn up. Likewise, the non-occupying owners can be stuck with a share of bills for utilities they have not used. Insurance costs can also be an issue. � See also: http://info.corbettlaw.net/lawguru.htm