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New Jersey Real Estate Law Questions & Answers
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.

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 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.

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).

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son stole moms laptop, cell phone, cross, keys, mass crads. crdit cards, debit cards, guest book the day of her funeral

no job, no car, no frigs, nds, in therapy, no degree, pays no room and board ever

he and lawyer conspiring to steal dads home and cash in

Anthony M. Avery
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answered on Apr 30, 2024

Hire a NJ attorney to sue Son for possession (or ejectment) and possibly for conversion. Legal advice from Justia will not help you actually protect your home.

1 Answer | Asked in Criminal Law and Real Estate Law for New Jersey on
Q: my 39 year old son is conspiring with a lawyer to defraud me....the lawyer has my son spying on me to get me out of my h

the 39 has sensors all over the home...he has no car, no job, no degree, no friends...he goes to therapy

they want to cash in the home and leave me on the street..how can i prosecute?

can i get an ejectment ? an iron clad trust? file for conspiracy and fraud?

Debra Kradjian Stephans
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answered on Apr 5, 2024

I am sorry to hear this. Are you the sole owner of the home? Does your son live with you as a tenant and stopped paying rent? If your son does not own the home and does not have any type of lease with you, you could seek to have him removed from your home. However, it is best to consult with an... View More

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

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can deed restrictions from a past deed be enforced if they were not on the deed provided at closing?
Anthony M. Avery
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answered on Nov 13, 2023

Hire a NJ attorney to search the title. It sounds like there are covenants that run with the land even if they are not in a later deed conveyance.

1 Answer | Asked in Employment Law, Real Estate Law and Tax Law for New Jersey on
Q: Does this revised law under 12 UFC 531 apply only and solely to real estate or also employer to employees?
James L. Arrasmith
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answered on Nov 9, 2023

The reference to "12 UFC 531" seems to be incorrect or a typographical error. In the context of U.S. law, "UFC" typically does not pertain to legal statutes. It's possible you're referring to a section of the U.S. Code (U.S.C.), which is a compilation of federal... View More

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

Leonard R. Boyer
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answered on Nov 9, 2023

You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I reduce liability by leasing my property to an LLC, who would then sub-lease property?
Leonard R. Boyer
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answered on Oct 16, 2023

That is never going to work. A primary residence cannot be placed in an LLC. An LLC must have 3 members or more for it to be a valid legal entity. If you do not have an LLC custom-drafted by an experienced corporate attorney, it may not be worth the paper it is printed on. There must be a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My lease says i have to follow HOA rules but we were never given the rules. Should we have agreed to them at lease sign?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

No you should not have agreed to follow HOA rules without first receiving and reviewing them. When asked, I always caution clients to obtain and read extrinsic documents like HOA rules, T&Cs, addenda, etc. before signing any agreement incorporating those items because, once you sign it,... View More

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