Legal Question in Real Estate Law in New Jersey

There is no definitive answer to your question. A deeds, bank accounts and other instruments with specific instructions in the case of the death of the owner are excluded from probate.

If the house can be considered as separate property, not acquired during the marriage, and therefore not subject to equitable distribution if the marriage should break up, you might want to leave it that way. If not, the best protection for both of you involves more than just adding her to the deed. First, a mortgagee will not generally permit dilution of the mortgagor's interest in the property. So, you may have to refinance if there is a mortgage. Secondly, you will want to have the title wind up as you and your wife as "tenants by the entirety" and that requires some care where one party already has title. The reason is that the remainder interest of one tenant by the entirety cannot be reached by the creditors of the other. Therefore, tenancy by the entirety will protect the maritial home.

See also: http://info.corbettlaw.net/lawguru.htm