Angela and her husband purchase a home in Essex County, New Jersey, taking title as tenants by the entirety. Three years later, Angela wants to sell the property but her husband refuses to sign the contract. A buyer has made a full-price offer. Which of the following best describes the situation under New Jersey law?
Correct Answer
C) Angela cannot convey the property without her husband's signature because tenancy by the entirety requires both spouses to act jointly
Under New Jersey law, tenancy by the entirety is a form of co-ownership available only to married couples in which neither spouse can unilaterally convey, encumber, or contract to sell the property without the other's consent. Both spouses must join in any deed or contract of sale. Angela cannot bind the property to a purchase contract without her husband's signature, regardless of the offer price.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.
Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.
Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.
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