Legal Question in Family Law in New Jersey

Division of home

My husband and I purchased a home 6 months ago. themortgage is in his name and so is the deed(which I was upset about) The deed says tenent in severalty( which I understand to mean sole ownership). I was told that is should have said tenents in entirety( husband and wife with survivorship rights). When we get divorced, does it automatically turn into tenents in common? 50/50


Asked on 11/12/02, 2:46 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Division of home

I believe you are mistaken about what the deed says. The term you have stated does not exist. I would need to review the deed to see how it is stated. However, since you are living in the home as husband and wife, it is subject to equitable distribution. It may or may not be 50/50 depending on many factors that can only be determined upon a full review of all facts and circumstances from an attorney. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/12/02, 11:39 am


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