Tenancy by Entirety of houses- House goes to surviving spouse

 Tenancy by Entirety of houses- House goes to surviving spouse

     Under NJ law If the two people are married, unless otherwise expressly provided, they typically acquire the real property as “tenants by the entirety”. The NJ statute states 46:3-17.2. Tenancy by entirety A tenancy by entirety shall be created when: a. A husband and wife together take title to an interest in real property or personal property under a written instrument designating both of their names as husband and wife; or b. A husband and wife become the lessees of real property or personal property under a written instrument containing an option to purchase designating both of their names as husband and wife; or c. An owner spouse conveys or transfers an interest in real property or personal property to the non-owner spouse and the owner spouse jointly under written instrument designating both of their names as husband and wife. Language which states "....... and ......., his wife" or "........ and ........, her husband" shall be deemed to create a tenancy by the entirety. Upon the death of either spouse, the surviving spouse shall be deemed to have owned the whole of all rights under the original instrument of purchase, conveyance, or transfer from its inception. Upon the death of one spouse, the entire estate and interest belongs to the other spouse, not by virtue of survivorship but by reason of the title vested under the original limitation. . A Will cannot change who receives assets under Tenancy by Entirety. A creditor cannot force the sale of a property owned by one spouse that has a judgment against them. Current law presumes that, unless otherwise expressly provided, two or more people unmarried who acquire undivided interests in real property take ownership of the property as tenants-in-common (rather than joint tenants). Joint tenancy is when the Deed states the property goes to the survivor.

  

 There is no need for a new Deed if the spouse dies.