Legal Question in Real Estate Law in New Jersey

I have a deed now in my name and my wife's name. She passed away in 1997 and since

I was so distraught I somehow neglected to change the deed at that time to my name

only. Now applying for financial help, the organization wants a deed just with my

name on it. I tried Staples, Office Depot, etc. and they have Quick claim deeds,

Warranty deeds and other names but not the one I need. What can I do? Is there a

deed, just s plain deed, that I can get somewhere?

Thank you

Warren Lewis

Asked on 11/20/12, 12:27 pm

3 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

First of all there is no need to get a new deed made because by operation of law a home owned by husband and wife automatically goes to the survivor but if you need a deed forma I suggest you contact All-State Legal Supply in cranford NJ 908 272 0800

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Answered on 11/20/12, 1:06 pm
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

If the deed has the names of you and your deceased spouse as "husband and wife," then that is called a "tenancy by the entirety" and upon her death you automatically became the sole owner. If that is the case, then it is really unnecessary to have a new deed prepared. You would be deeding the property from yourself to yourself. Why does this organization insist on this being done? If the deed was a form of ownership called "tenants in common," then it is a little more complicated. I won't get into detail about that here. If you nevertheless want to do this, then I suggest contacting a local attorney where you live. A reputable attorney should be able to do this for you for a modest fee (you might expect a fee of $100 to $175). Get it done right. It's better than trying to get a form at a store like Staples which does not even carry NJ-specific documents, and just to save a small amount of money.

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Answered on 11/20/12, 1:06 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Jeffrey, and I will assist you for $100 plus recording fees, which will be around $75.00. Call me at 973-377-3313 if you need assistance. I will need to see a copy of your original Deed and the Death Certificate. Sometimes it is better to record a new Deed, as it will eliminate questions about your spouse down the road if and when the house is ever sold.

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Answered on 11/20/12, 1:30 pm


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