Under NJ law, if the husband dies, does the home automatically go to the wife who is co owner?

Question

Under NJ law, if the husband dies, does the home automatically go to the wife who is co owner?

Answer

If both are on the deed, with no one else, it automatically goes to the wife. Keep in mind however that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Be sure to call an attorney to discuss this matter as there may be other issues involving the husband's estate that would need to be resolved. Good luck! Rob Gleaner

Answer

If the husband and wife have the deed drawn in the normal way, then yes.

It sounds like you could use the help of an attorney to handle the legal issues of the husband's death. It can be complicated sometimes. And if you do it wrong, you can lose a lot of money.

There is a lot at risk here, and you do not want to lose all of that.

You need a lawyer to sit down with you and give you some advice.

I can explain things in detail in person after we talk. I will explain what legal issues I see, and what I can do to assist you.

This will be a free consultation. After we talk, you can decide what you would like to do.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]/* */

Website: AttorneyRobertDavies.com

AND NOW THE DISCLAIMER:

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. 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 response I gave. You can not rely upon what I have written as legal advice, 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. To get legal advice that you can rely on and use, please contact me directly.

Answer

As long as the original Deed did not describe the ownership as tenants in common, the response is presumed to be YES. JTROS or Tenants by the Entirety, or nothing, presumes the survivor takes all on a death. Tenants in Common allows the first to die to leave his/her interest to someone else. Not having seen the original Deed, this is the best response one can give. Different or missing facts could produce a different response.