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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for New Jersey on
Q: 40 year old pays no board and trashes home

can i sue to make him pay and get out?

Matthew Schutz
Matthew Schutz
answered on Feb 5, 2025

The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can a landlord withhold return of a security deposit?

My lease was involuntarily cancelled for false accusation of breaking the lease; landlord has kept the security deposit. There is no damage to unit.

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for New Jersey on
Q: Can my ex husband's future creditors put a lien on our former home that is in my name only?

If my ex husband is taken off the deed to the house in our divorce, but the agreement reads he is entitled to a portion of the proceeds if and when i decide to sell, can a lien be put on the house in the future from his creditors?

Anthony M. Avery
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answered on Jan 23, 2025

If there is no deed recorded from him to you, then both it. The divorce has nothing to do with third parties. Creditors could get a judgment against him, then collect against any asset he has including the divorce term to share in sale proceeds without a filed judgment lien.

0 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is there a legal document or I can have the handyman sign that would protect me from any future lawsuits or legal claims

hope you're doing well. I have a follow-up question regarding the live-in handyman arrangement I’m considering. Is there a legal document or agreement that I can have the handyman sign that would protect me from any future lawsuits or legal claims? Specifically, I’m looking for something... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for New Jersey on
Q: I am trying get help with an eminent domain/blighted property issue where there was no just compensation paid.

A property was taken from my father under eminent domain/blighted property. The issue with this is that it was not a blighted property at all and the property was sold to a local business who wanted the property for many years. On top of that he was never paid any just compensation for the... View More

James L. Arrasmith
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answered on Jan 21, 2025

This situation with your father's property is deeply concerning, and I understand your frustration with both the inadequate compensation and the apparent mishandling by the previous attorney. The fact that your father was experiencing health issues during this time makes the situation even... View More

1 Answer | Asked in Real Estate Law and Estate Planning for New Jersey on
Q: I need to alter my moms property deed (Im her POA) as I need to sell her house and my deceased stepfather is still on it

My mom is unable to handle this type work, as she has certain dementia and going into a memory care unit to live. I need to sell her property as part of paying for her care prior to medicaid. The current deed indicates my mother and my step-father (now deceased) as the owners of the property.... View More

Anthony M. Avery
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answered on Jan 7, 2025

Mother is probably the owner, but hire a NJ attorney to search the title. You might be able to sell her interests as her attorney in fact, but everything must be for her interests, not yours.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Would marital property split equally, if one party dies, they were divorced but hadn't yet sold the poperty

Husband & wife buy a condo together and at the time, put 1 of their 20 yr old kids on the deed. They divorce 10 yrs later, then wife dies before they sell property. Division of assets was filed at time of divorce, states wife lives there for 2 yrs, then they sell and split equally, & in... View More

Leonard R. Boyer
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answered on Nov 23, 2024

The answers to your questions cannot be determined in an online forum. You must have a consultation (either secured video conference or in person in an attorney's office). In addition, you do not have privacy by posting in this forum. Just like you found it so can your so can the other parties... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can get a lawyer help me hand my property
Leonard R. Boyer
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answered on Nov 8, 2024

There is insufficient information to provide a meaningful answer to what you stated. Rewrite your question and provide more facts.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Dispute over co-owned home with a family member. Seeking advice on protecting financial investments, legal options

A friend is facing a dispute regarding a property jointly owned with a relative. The property was purchased with significant financial contributions from one party, who financed the entire purchase through two loans: a primary mortgage on the new property and a refinance of their original home. The... View More

Leonard R. Boyer
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answered on Oct 9, 2024

Your friend needs to retain an experienced civil litigation attorney who has handled this type of cases before. Although it may seem like an insurmountable problem, it is not. Your friend should be prepared to pay for 1 hour of attorney time to have this entire matter looked over. WHEN AN ATTORNEY... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: The executrix unwilling to divide proceeds equally

My mother’s will left her house, equally, to her 4 children. My sister, who is the executrix, took 3 years to sell the house, without our agreement and now wants to subtract the cost of maintaining the property during that time from our share of the proceeds. What can we do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2024

More infomration is needed to properly answer your question so speak with a lawyer. Yes you can fight this, but you will have a hard time winning unless you can show that holding the house for that length of time was unreasonable under the circumstances. Obviously speak with a lawyer but remember... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are in the middle of an Assumption for my mother's estate. If we're denied, can we sell the house?
Leonard R. Boyer
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answered on Sep 18, 2024

You cannot assume a home mortgage and you cannot sell what you do not own. However, you need an experienced mortgage foreclosure defense and civil litigation attorney to represent your interests in this matter. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

2 Answers | Asked in Real Estate Law and Civil Rights for New Jersey on
Q: I have a few questions about riparian rights

I think I may have water rights. But I don’t understand how it is worded

Anthony M. Avery
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answered on Aug 9, 2024

You will need to hire a NJ attorney to search all relevant titles and explain the law.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My parents want to transfer their property and land to me. How can I get that done from the United States?

The property and land is in Puerto Rico. I live in the United States.

Anthony M. Avery
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answered on Aug 5, 2024

Hire a PR attorney. Start here on Justia.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: i want to consolidate 2 adjacent lots what type of deed to I use?

I own two adjoining lots both are standard lots however I want to consolidate them into one lot which will lower my property tax assessment

Anthony M. Avery
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answered on May 28, 2024

You could survey both lots into one parcel, then have a lawyer draft a legal description and deed for the entire parcel. But the grantor cannot just convey to himself as you would need another party or entity as the grantee. You do not state why you wish to do this, and I cannot see an... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How do I find an honest competent attorney to take on a very complex and nuanced real-estate case ?
Anthony M. Avery
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answered on May 13, 2024

Start calling the NJ attorneys here on Justia.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for New Jersey on
Q: son stole items from mom and dad after moms funeral how do you hande a case like this? no job, no car, no friends

ejection, trust, arrest?

hired lawyer to try and steal home

Richard Diamond
Richard Diamond
answered on May 3, 2024

I'm sorry but this is not the type of matter our firm handles. Either you need to contact a lawyer who handles estate litigation or civil litigation (where you are seeking damages as a result of his actions).

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