What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (NJ)
What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? Short answer: If mediation fails in New Jersey, you can file a partition action in the Superior Court to divide co-owned real estate. The court will decide whether to divide the land “in […]
Read article →How can I negotiate a fair buyout of my interest in family land in NJ?
Detailed Answer — How to negotiate a fair buyout of your interest in family land under New Jersey law Short answer: Start by documenting ownership and valuation, get an independent appraisal, calculate the fair buyout number for your ownership share, present a clear written offer supported by appraisal and cost adjustments, and use mediation or, […]
Read article →How can co-owners in NJ start a partition action to divide or sell shared real property?
FAQ — Partition actions for co‑owned property in New Jersey Short answer: Any co‑owner (tenant in common or joint tenant) can start a partition action in New Jersey by filing a complaint for partition in the Superior Court (Civil Division). The court will either physically divide the property (partition in kind) if practicable or order […]
Read article →How is property divided in a partition when some acres are better than others? (NJ)
Detailed Answer Short summary: In New Jersey, when co-owners ask a court to partition real property and portions of the land differ in value (some acres are “better” than others), the court will try to divide the property fairly. The court can (1) partition in kind (divide the land itself), (2) order a sale and […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (NJ)
Detailed Answer — How a co-owner can get money instead of a physical share under New Jersey law When two or more people own property together in New Jersey (for example, as joint tenants, tenants in common, or co-owners of personal property), one co-owner who wants cash instead of a physical piece of the property […]
Read article →Can I Negotiate with My Siblings to Avoid a Partition Action in New Jersey on Inherited Property?
Detailed Answer In New Jersey, any co-owner of real estate may file a partition action under N.J.S.A. 2A:42-1 et seq.. When you inherit property with your siblings as tenants in common, each person holds an undivided share. A partition lawsuit can force a judicial sale or physical division. However, you can often avoid court by […]
Read article →How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in NJ
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney before making decisions related to foreclosure or property sales. Detailed Answer 1. Understand the Foreclosure Timeline In New Jersey, the foreclosure process typically begins when the lender files a complaint in Superior Court. The homeowner then […]
Read article →How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in NJ
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When co-owners decide to sell jointly owned real estate in New Jersey, they must agree on how to market and price the property. Selecting a real estate broker is a key step. Brokers in New Jersey must hold an active […]
Read article →How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in NJ
Detailed Answer In New Jersey, co-owners can recover carrying costs—such as mortgage interest, property taxes, insurance premiums, and maintenance—through an equitable accounting or partition action. New Jersey’s partition statute (N.J.S.A. 2A:62-1 et seq.) empowers the court to require reimbursement of advances and expenses. Below are the key steps to calculate and recover these costs: 1. […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in New Jersey
Detailed Answer In New Jersey, the State may recover Medicaid benefits paid on behalf of a deceased recipient from that person’s estate, including inherited property. This process is governed by N.J. Stat. § 30:4D-17.2 (link) and federal regulations at 42 C.F.R. § 433.36 (link). What Is a Hardship Waiver? A Medicaid hardship waiver is an […]
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