Legal Question in Real Estate Law in New Jersey

I live in the state of New Jersey. My husband passed away a year ago and we owned a home with my daughter and son-in law. Does my husband's share automatically become mine?


Asked on 10/02/10, 1:14 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

The answer depends on how the Deed to your house was written. I would need to see it to tell you. Usually, husband and wife own as exactly that, 'husband and wife'. If that is so, then his share of ownership transfers to you on his death automatically, so long as you were still married then, and so long as some other factors (fairly unusual) do not apply.

If you owned the house with your daughter and son in law, then you should now own all of what you and your husband owned, and they continue to own the same share they always have.

Again, I need to see documents and talk to you to give you a definite answer.

Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

Read more
Answered on 10/07/10, 1:33 pm
John Corbett Corbett Law Firm LLC

No. You stated that there were four owners to start. If title was as joint tenants, your husband's share is divided among the surviving tenants and no action is necessary. If, as is likely, the deed said that you were "tenants in common" or said nothing at all about the type of tenancy, your husband's interest becomes part of his estate and it is necessary to have the title determined under his will or under the laws or succession without a will. /p/ See also: http://info.corbettlaw.net/lawguru.htm

Read more
Answered on 10/07/10, 1:47 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey