By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Care Attorney
If a parent dies leaving their home to a child who is married and living in that home, then does he or she need the consent of their spouse to sell the home to someone else in the future? Does the spouse have any marital rights to the inherited home or for that matter any of their spouse’s inheritance? The answer may surprise you.
You absolutely should get the spouses consent in writing. N.J.S.A. 3B:28-3 states that “during life every married individual shall be entitled to joint possession with his spouse of any real property which they occupy jointly as their principal matrimonial residence…” The operative word is “occupy”. If you live in the house yet fail to secure your spouse’s signature you will never to be able to sell the house in the future to a new buyer until either (1) you get the spouse’s signature or (2) the spouse dies.
To discuss your NJ Estate Planning matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at firstname.lastname@example.org. Please ask us about our video conferencing consultations if you are unable to come to our office.