Legal Question in Wills and Trusts in New Jersey

Re: home ownership

I would need to see a copy of your divorce judgement and any property settlement agreement to give you a complete answer, however by statute [NJS 3B:3-14] the divorce severed your joint ownership in the house and you became tenants-in-common, each owning a 1/2 interest. Because you indicate he has no Will, his interest will pass under the intestacy statute, not to you as surviving joint owner.

Re: home ownership

I have read Jon Chester's response, and he is right on. It is possible that your divorce judgment has provisions controlling what happens to the house. However, if it does not, and if there is nothing else affecting this, then you own half and your ex's Estate owns half. His half would go to his heirs at law.

You really need a lawyer, to get this taken care of. Who is paying the taxes, insurance and (if any) mortgage? Is the house empty? If there is ordinary homeowners insurance on the house, you have a problem if the house is empty or you rent it to tenants.

I do not do this work, but I have some friends who do; let me know if I can assist you.

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Re: home ownership

I am licensed in both Massachusetts and New Jersey.

There are a few facts I will need to know before giving a definite answer, however, assuming your ex-husband was a NJ resident at the time of his death, then that states laws will govern intestate (without a Will) distribution of his assets. Assuming your ex-husband did not re-marry and has nother children than he had with you, the, subject to the claims of creditors, his % ownership of the home you held as tenants in common will pass to your children. Your ex-husband's estate will need to be probated in NJ with ancillary proceedings in the state or commonwealth where the home is located.

Re: home ownership

This is an question more properly answered by a NJ attorney. However, if NJ law is similar to MA law, you own the property as Tenants in common with your children. Unless the divorce indicates otherwise or the separation agreement provides otherwise; you have a 50% interest as tenants in common.

I suggest you contact a NJ attorney.