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New Jersey Real Estate Law Questions & Answers
4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Peter J. Weinman
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answered on Apr 19, 2023

Attorneys Diamond and Boyer have offered great suggestions, but if I were you, I would not *DO* anything until you've retained a local attorney who will look at everything and guide you accordingly. I fear that if she were to transfer the home to you, that might trigger the due-on-sale... View More

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4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Bari Weinberger
Bari Weinberger
answered on Apr 19, 2023

Thank you for your question. There are many factors that the Court looks at in a divorce proceeding and how to divide the assets that were acquired during the marriage. Your daughter’s spouse can claim that the home is subject to equitable distribution and that it should be incorporated in the... View More

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1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for New Jersey on
Q: Zonning issue

I bought my house 6 years ago in Mount Laurel with a wood fence in place for over 30 years. I replaced the fence 2 years ago and just gotten a letter from township that the fence is on the township property. What rights do I have?

Morris Leo Greb
Morris Leo Greb
answered on Apr 11, 2023

You have one option. You can file an application with the Township for permission to keep the fencde where it is located with the proviso that should the municipality need to remove same for safety or emergency reasons, you would not be charged for the cost and you would be able to replace the... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Question regarding a one dollar property deed transfer and a life estate right on the same document

I have a deed where the grantor transferred property to grantee for 1$. In the same deed the second sentence is that the grantor conveys a Life Estate to the grantee for his natural life. The grantor later made a will and left the same property to the different person, and no taxes of any type... View More

Peter J. Weinman
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answered on Apr 11, 2023

You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Probate for New Jersey on
Q: Can a POA add themselves as member to an existing LLC and joint owner to a bank account owned by the principal?

Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... View More

Leonard R. Boyer
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answered on Mar 12, 2023

You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... View More

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3 Answers | Asked in Real Estate Law for New Jersey on
Q: I purchased a NJ condo, they made me pay a $2,500 membership fee. My HOA dues will be $2,070 per year, is this legal?
Peter J. Weinman
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answered on Mar 14, 2023

Yes, unfortunately, it's legal - and quite common - that a condominium collects an initial capital contribution from new buyers. Sometimes, it's based on a month or two's common charges, or it can be a flat rate - like $2,500 sounds. You said they "made you" pay that fee,... View More

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1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for New Jersey on
Q: Can police ticket you if you park in someone's spot at an apartment building without their consent?

I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: I am the sole executor of an estate and owner. Can I evict a beneficiary staying in the home illegally without council?

The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 15, 2023

The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.

3 Answers | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: Grandmother had a reverse mortgage on her house.  She passed away.  House is on Sheriff's Sale list.  What can be done?

Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... View More

Leonard R. Boyer
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answered on Feb 5, 2023

The only way to obtain a meaningful answer and learn what can be done about this is to have either an in-person consultation or a secure video conference and document review. It will require you to pay an attorney for at least an hour of attorney time. Speculating as to what has occurred and the... View More

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can an offer to purchase a house be withdrawn before seller has made a decision?
Matthew Schutz
Matthew Schutz
answered on Jan 25, 2023

You can withdraw your offer if it has not been accepted. You need to do it in writing either by personal delivery, or certified and first-class mail. If there is a real estate agent involved for the other party you can serve them.

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2023

You may file a motion seeking to compel your ex-husband to comply with the terms of the judgment of divorce. You may also have a claim for partition. It would be in your best interest to retain an attorney who is experienced in family law/matrimonial matters to discuss what remedies are best for... View More

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I need to have my 33 yr son move from my home. He refuses how can I have this happen?

Not on lease. He refuses to go. Does not pay rent or bills

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

You would need to file an ejectment action. Ejectment is the remedy that you use where you have someone trespassing on your property. Since your son is 33 years old, he should be out on his own. Your obligation to support him ended when he turned 18. He needs to be given formal notice that he has... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Commercial lease: New Jersey. Property owner attempts to bill for unperformed maintenance. What are the legal remedies?
Morris Leo Greb
Morris Leo Greb
answered on Jan 3, 2023

Pay into escrow account. Notify Landlord in writing with proof of deposit by certified mail return receipt required that payment will be released once the required work is done.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: I own 2 lots in NJ that are accessed only by a paper road there is no other access and the town won’t repair the road

The town refuses to repair road and won’t let me repair the road

The road is basically impassable and I can’t access my lots

Said road is listed on the tax maps as an

“Unimproved road”

I have no desire to merge the lots

The road is roughly 1 mile... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 30, 2022

You have raised several important questions which require more factual information as follows:

1) Possible merger of the lots

2) Confirmation that paper road is shown on a filed map

3) Cost of installing a road conforming to municipal requirements

4) Prescriptive...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who owns/has rights to a paper street if the township has not developed it for more than 50 years? What rights do we hav

A builder has bought lots behind the two front abutting properties for residential development. The builder asked the two abutting property owners to vacate or sign his lawyer's legal paperwork ceding their portions of the paper street to him. The builder can access the property for... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 30, 2022

Anyone may improve the road subject to municipal requirements as the municipal 'owns' the right of way. If an application to vacate the private road, one half goes to each property that abuts the right of way. It would be worthwhile speaking to the municipal engineer to determine whether... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2022

There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.

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2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happens if I die to the ownership of house?

My father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get... View More

Matthew Schutz
Matthew Schutz
answered on Nov 12, 2022

The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: The deed on the house lists 4 owners. To take a home equity loan on the house do all owners need to sign off on it?

The person who borrowed has died. Does the loan get paid from her assets or from the sale price of the house?

Morris Leo Greb
Morris Leo Greb
answered on Nov 4, 2022

Yes, all parties with an interest need to sign the mortgage. However, only those who sign the note are obligated to repay the loan. In the event of nonpayment, all who signed the mortgae will be named as defendants.

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Land adjacent to my proprty was a paper St. for 40 years. Now a lot, and avail 4 sale. Shouldn’t it go to adjcnt owners?

Shouldn’t it have gone to the adjacent owners when the street idea was abandoned and not become a lot? What is the law for ownership of paper streets in NJ?

Matthew Schutz
Matthew Schutz
answered on Dec 4, 2023

There is not enough information to give you a definitive answer. There are two possibilities. If the right-of-way is an easement for the public road, then you have a claim. If the right-of-way for the road was sold to the municipality outright, then you do not. You would need to have the title... View More

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