Frederick, MD asked in Landlord - Tenant and Real Estate Law for New Jersey

Q: Friend's hubby in jail. Mtg in his name. She's only on deed, not loan. Is she a tenant?

What rights does she have to prevent him from selling (which he wants to do to pay for his legal fees). She can't afford to stay in house by herself, but has kids and needs time to figure out next steps without husband selling out from under her. He was arrested for child porn so it's likely he will be incarcerated for a while and non-contributing to the household. Thanks!

1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: She is not a tenant. She is a co-owner. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.

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