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Property OwnershipDeed_typesHARD

Helen and her domestic partner Chris own a home in Mercer County, New Jersey, as joint tenants with right of survivorship. Helen later marries someone else without dissolving her domestic partnership with Chris. Under New Jersey law, what is the MOST LIKELY effect on the title to the property?

Correct Answer

A) The joint tenancy between Helen and Chris remains intact, and Helen's new marriage does not affect the existing title

Helen's subsequent marriage to another person does not automatically alter the existing joint tenancy she holds with Chris. Under New Jersey law, a joint tenancy is severed only by specific acts such as one joint tenant conveying their interest to a third party, a court order, or mutual agreement. A change in one co-owner's marital status does not constitute a legal severance of the joint tenancy. Helen and Chris continue to hold the property as joint tenants with right of survivorship.

Answer Options
A
The joint tenancy between Helen and Chris remains intact, and Helen's new marriage does not affect the existing title
B
Helen's marriage automatically converts the joint tenancy to a tenancy by the entirety with her new spouse
C
The property must be reconveyed to both Helen and her new spouse to reflect the change in marital status
D
Helen's marriage severs the joint tenancy, and Helen and Chris automatically become tenants in common

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Related Topics & Key Terms

Key Terms:

deed_typesjoint_tenancyseverancedomestic_partnershipmarital_statusnew_jersey_LAD

Related Concepts

Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.

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.

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