King Barnes attorneys guide Northfield families through joint property decisions every day. We combine deep knowledge of New Jersey real-estate, probate, and elder-law rules with a warm, client-first approach.
Richard M. King, Esq. has practiced estate planning for decades, while Jeffrey P. Barnes, Esq. built his reputation handling complex real-estate titles. Together, our Northfield estate planning attorneys craft clear, tax-smart deeds that protect family homes from unnecessary court delays.
From our office at 2600 New Road, minutes from the Garden State Parkway, we serve Atlantic City, Egg Harbor Township, Linwood, Pleasantville, and every shore community in between. When questions about “who owns what” arise, we explain options plainly and prepare the paperwork that keeps your intentions intact.
Call our Northfield estate-planning attorneys at King Barnes today at (609) 522-7530 for a free, no-obligation consultation, or send us a message and we’ll respond within one business day.
Joint tenancy is a form of co-ownership in which two or more people hold equal, undivided interests in the same property. Each joint tenant owns every inch of the whole, not a back bedroom or a percentage slice.
This arrangement is based on four classic “unities”: time, title, interest, and possession, established when all owners take title together under the same deed. Since each share reflects the others, joint tenancy functions seamlessly during life and after death.
Home-buying spouses, siblings inheriting a beach cottage, or partners pooling funds for a rental duplex often pick joint tenancy for its built-in convenience and perceived fairness.
The right of survivorship is the automatic transfer of a deceased owner’s interest to the surviving joint tenant(s) the instant death occurs. No probate judge, will, or executor is needed to change the deed.
Survivorship keeps a widow in her home without delay, shields children from courtroom expense, and eliminates the risk of a forced sale while an estate winds through the Atlantic County Surrogate’s Office. It is the hallmark advantage that makes joint tenancy attractive to many New Jersey families.
Because survivorship overrides a will, owners must be sure they truly want the surviving co-owner to receive the property. Our New Jersey property co-ownership attorneys explain this consequence in every consultation.
In everyday conversation, the two phrases describe the same concept, yet the wording inside a deed can make or break survivorship. Joint tenancy presumes survivorship only when state law or the deed’s language explicitly says so.
New Jersey defaults to “tenants in common” when a deed is silent, meaning each owner’s share passes through probate. To lock in survivorship we draft deeds that state, “as joint tenants with right of survivorship and not as tenants in common.” Those extra words remove any doubt.
Elsewhere, such as in Texas, silence on survivorship can strip away the benefit entirely. That is why our Atlantic County real-estate lawyers always spell out intent, protecting clients from unpleasant surprises years later.
New Jersey treats unrelated co-owners as tenants in common unless the deed declares otherwise. Only clear wording or a special marital tenancy changes that rule.
Married couples automatically receive “tenancy by the entirety,” a spouse-only form that carries survivorship plus protection from most individual creditors. Everyone else must opt in.
Whether you hold a Victorian in Northfield, a condo near the Boardwalk, or farmland west of US-9, a precise deed is the single best way to make sure your wishes survive you. Our New Jersey probate-avoidance attorneys prepare, record, and verify those deeds daily.
Families choose JTWROS because it delivers three critical benefits in one stroke:
Typical scenarios include:
Our compassionate elder-law attorneys at King Barnes always pair these positives with a frank discussion of the downsides so clients can decide with confidence.
Creating JTWROS starts with a deed that states the intent. At a closing, we ensure the document is signed, notarized, and recorded with the Atlantic County Clerk.
Adding a co-owner later requires a new deed from the current owner to both parties “as joint tenants with right of survivorship.” That transfer can trigger gift-tax issues and should never be attempted with a blank form downloaded online.
Removing a joint tenant, or converting to tenants in common, also happens by deed, not by oral agreement. When relationships change, our Northfield estate attorneys draft the corrective paperwork and confirm that real-estate tax and mortgage servicers update their records.
Joint tenancy is powerful, but power brings risk:
Disputes surface when goals diverge. We recently helped siblings resolve a threatened partition action after one wanted to sell a jointly inherited Linwood bungalow while the other wished to keep it as a family retreat.
Proper counseling on the front end, offered by our New Jersey property co-ownership attorneys, avoids most of these headaches.
Richard King and Jeff Barnes frequently structure deeds for:
Our Northfield estate lawyers also tackle niche problems, including:
These complexities illustrate why Atlantic County real-estate lawyers like King Barnes evaluate each client’s big-picture goals, not merely the deed form, in every engagement.
Choosing between joint tenancy, tenants in common, or a living trust shapes your family’s future and should be done only after thoughtful counsel.
The Northfield estate planning attorneys at King Barnes, Richard M. King and Jeffrey P. Barnes, translate legal jargon into simple choices and draft iron-clad documents that match each client’s wishes.
You deserve peace of mind, not paperwork anxiety. Call our office at (609) 522-7530 or fill out our online form for a free consultation. We will listen, explain every option, and build a plan that protects the people and property you love.
