Search Rutgers Law Library N.J. Court Opinions

1 PROPERTY ASSET MANAGEMENT, INC v. BARTHOLOMEW MOMANYI -- rank: 1000

... counterclaim, asserting PAM lacked standing to proceed, and, relying on N.J.S.A. 3B:28-3, argued that plaintiff's complaint violated her right of joint ... record is insufficient to determine whether Milka's claims under N.J.S.A. 3B:28-3 were extinguished. Therefore, in the absence of an adequate factual ... of joint possession in the subject realty provided for in N.J.S.A. 3B:28-3. AHL's motion to dismiss Milka's third-party complaint ... complaint was filed. She also argues her statutory right under N.J.S.A. 3B:28-3 allows her continued occupancy of the subject realty which cannot ... Bartholomew triggered a statutory right to joint possession pursuant to N.J.S.A. 3B:28-3(a), which vested prior to the execution of the debt ... rights bestowed on spouses in the marital residence stated in N.J.S.A. 3B:28-3. The Legislature replaced the rights of dower and curtesy ...

docket:	a2713-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-14
status:	unpublished
citation:
Document Size:	45188

2 CATIC TITLE INSURANCE COMPANY v. FRANK J. COZZARELLI -- rank: 957

... of N.J.S.A. 46:3-17.4 and N.J.S.A. 3B:28-3. After analyzing the statutes, the judge pointed out that when ... retained a statutory joint possession interest in the property under N.J.S.A. 3B:28-3(a). According to the judge, after Richard obtained the reverse ... statutes, N.J.S.A. 46:3- 17.4 or N.J.S.A. 3B:28-3. Thereafter, Cozzarelli moved for reconsideration and other relief. Following oral ... In that regard, the New Jersey Joint Possession Statute (JPS), N.J.S.A. 3B:28-3 to -3.1, provides protection to a non- titled spouse. Under N.J.S.A. 3B:28-3, a non-titled spouse enjoys a possessory interest in marital ... same, or by voluntary abandonment of the principal matrimonial residence. [N.J.S.A. 3B:28-3.] N.J.S.A. 3B:28-3.1 delineates ...

docket:	a2620-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Unpublished
citation:
Document Size:	52928

3 FRANCINE REIBMAN v. JAY H. MYERS -- rank: 933

... s fees. The judge determined a "factual issue remains on N.J.S.A. 3B:28-3.1 and if plaintiff is in joint possession or has ... plaintiff's rights under the New Jersey Joint Possession Statute, N.J.S.A. 3B:28-3 to -3.1 (JPS) were released, extinguished, and/or merged ... in July 2005, she lost her protection under the JPS. N.J.S.A. 3B:28-3 provides, a. During life every married individual shall be entitled ... same, or by voluntary abandonment of the principal matrimonial residence. N.J.S.A. 3B:28-3.1 provides: The right of joint possession to the principal matrimonial residence as provided in [ N.J.S.A. ] 3B:28-3 is subject to the lien of a mortgage, irrespective of ... subordinated, released or extinguished by subsection b. or c. of [ N.J.S.A. ] 3B:28-3. The JPS brought New Jersey's probate code current ...

docket:	a0332-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-10
status:	published
citation:	451 N.J.Super. 32 164 A.3d 1080
Document Size:	49342

4 WAMCO XV LTD., VS RAYMOND P. FARRELL, JR. ET AL -- rank: 815

... interest is superior to the Plaintiff's interest pursuant to N.J.S.A. 3B:28-3 and 3.1."     Lynn filed for summary judgment on March ... matrimonial residence during marriage. See footnote 3     Wamco argues that N.J.S.A. 3B:28-3 requires contemporaneous acquisition of the principal matrimonial property by both ... the legislation itself, read as a whole."). In this case, N.J.S.A. 3B:28-3.1 illustrates the legislative scheme, stating, in part, that the ... right to joint possession. Read together with section 3.1, N.J.S.A. 3B:28-3 does not require "contemporaneous acquisition," as asserted by Wamco. See ... J. Super. 397 , 404 (Ch. Div. 1988)(each recognizing that N.J.S.A. 3B:28-3 would apply even when husband acquired the property before marriage ...

docket:	a6479-95
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 73
Document Size:	14342

5 DITECH FINANCIAL, LLC v. ANTHONY P. DICHIARA -- rank: 728

... the mortgage. II On appeal, James' principal arguments are: (1) N.J.S.A. 3B:28-3 mandates that if a mortgage is refinanced, all owners of ... the mortgage or the mortgage is defective and unenforceable; (2) N.J.S.A. 3B:28-3 permits a married person to be in possession of the ... merit. We address each argument in turn. According to James, N.J.S.A. 3B:28-3 requires that if a mortgage is refinanced, all owners of ... of the principal matrimonial residence. [Ibid.] 7 A-2144-16T3 N.J.S.A. 3B:28-3 is not germane to any of issues before us. This ... consent of both spouses or by a judgment of divorce. N.J.S.A. 3B:28-3 provides no support for James' argument that, because he did ...

docket:	a2144-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	29287

6 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 ANTHONY CZYZ and CATHERINE -- rank: 722

... Czyz standing to assert the claims in the complaint. Under N.J.S.A. 3B:28-3, a spouse has a right of joint possession to the ... a mortgage, if placed on the residence before the marriage. N.J.S.A. 3B:28-3.1; see also Wamco XV Ltd. v. Farrell , 301 N ... J. Super. 73 , 79 (App. Div. 1997) (noting that under N.J.S.A. 3B:28-3.1, in order to avoid the spouse's right to ...

docket:	a1523-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-02
status:	unpublished
citation:
Document Size:	26062

7 Omega Self Storage of NJ, LLC v. Township of Lawrence -- rank: 691

... in the martial home, regardless of who holds title, see N.J.S.A. 3B:28-3 and Pilone v. Banda , 226 N.J. Super. 397 , 402 ...

docket:	06793-12
court:	NJ Tax Court
decided:	2012-03-29
status:	unpublished
citation:
Document Size:	31097

8 MAURICE DEUTSCH v. DAVID BINET -- rank: 691

... because Esther Binet's possessory interests in the property under N.J.S.A. 3B:28-3 were not decided by the trial court. (Not Raised Below ...

docket:	a3227-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-09
status:	unpublished
citation:
Document Size:	62320

9 SIEGFRIED O., et al. v. HOLMDEL TOWNSHIP -- rank: 691

... whether one or both spouses hold title to the property. N.J.S.A. 3B:28-3 provides as follows: As to real property occupied jointly by ...

docket:	03078-00
court:
decided:	2002-01-09
status:
citation:	20 N.J. Tax 8
Document Size:	65612

10 IMO THE ESTATE OF CHARLES A. ZAHN, DECEASED -- rank: 688

... which a spouse has a right of joint possession under N.J.S.A. 3B:28-3. Footnote: 3 Nor is there a factual basis for the ...

docket:	a4074-96
court:	njappellate
decided:	1997-10-21
status:	published
citation:	305 N.J.Super. 260
Document Size:	30899

11 HUDSON CITY SAVINGS BANK v. RYONG HI YI -- rank: 667

... 3B:28-33 she is entitled to one-half 3 N.J.S.A. 3B:28-3 provides: During life every married individual shall be entitled to ... of right for one-half the surplus funds' pursuant to N.J.S.A. 3B:28-3 and this court's decision dated November 28, 2007. Kim ... doctrine, the equitable tolling doctrine or the statutory requirements of N.J.S.A. 3B:28-3. She has presented no proofs beyond her bare assertion that ...

docket:	a0565-08
court:	NJ Superior Court Appellate Division
decided:	2009-08-06
status:	unpublished
citation:
Document Size:	19039

12 BOROUGH OF SAYREVILLE v. 35 CLUB, L.L.C. -- rank: 601

... into the sales agreement with ADNJ despite the requirements of N.J.S.A. 3B:28-3, which states that a married individual is entitled during his ...

docket:	a3537-08
court:	superior court appellate division
decided:	2011-02-02
status:	published
citation:	416 N.J. Super. 315 3 A.3d 1268
Document Size:	25625

13 HUDSON CITY SAVINGS BANK v. RYONG HI YI, et al. -- rank: 595

... We add the following. Before us, appellant asserts rights under N.J.S.A. 3B:28-3, a statute not cited to the trial court or before ...

docket:	a3701-06
court:	njappellate
decided:	2007-11-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	33111

14 ARTHUR ANDERSEN LLP v. FEDERAL INSURANCE COMPANY -- rank: 537

... into the sales agreement with ADNJ despite the requirements of N.J.S.A. 3B:28-3, which states that a married individual is entitled during his ...

docket:	a2155-08
court:	superior court appellate division
decided:	2010-09-30
status:	published
citation:	416 N.J. Super. 334 3 A.3d 1279
Document Size:	26796

15 SPECTRASERV, INC v. MIDDLESEX COUNTY UTILITIES AUTHORITY -- rank: 516

... into the sales agreement with ADNJ despite the requirements of N.J.S.A. 3B:28-3, which states that a married individual is entitled during his ...

docket:	a1080-09
court:	superior court appellate division
decided:	2010-11-18
status:	published
citation:	416 N.J. Super. 565 7 A.3d 231
Document Size:	26038