A New Jersey couple, Robert and Anne, divorce. Their marital home was titled in tenancy by the entirety. The divorce decree awards the home to Anne. Which of the following correctly describes the effect of the divorce on the tenancy by the entirety?
Correct Answer
D) The divorce terminates the tenancy by the entirety; the property is then held as tenants in common until conveyed pursuant to the divorce decree.
In New Jersey, tenancy by the entirety requires a valid marriage as one of its essential elements. When a divorce is finalized, the marriage is dissolved, and the legal basis for tenancy by the entirety no longer exists. The divorce automatically severs the tenancy by the entirety, converting the ownership to a tenancy in common. The divorce decree awarding the property to Anne then governs the ultimate disposition — Robert would be required to convey his interest to Anne pursuant to the decree.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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