Search Rutgers Law Library N.J. Court Opinions

1 RAUL AUGUSTIN JIMENEZ V. RAUL ANIBAL JIMENEZ -- rank: 1000

... A.D. This appeal poses the legal question of whether N.J.S.A. 46:3-17.4, a provision enacted into law in 1988, precludes a ... his spouse as tenants by the entirety, is prohibited by N.J.S.A. 46:3-17.4. In an oral opinion issued on January 6, 2017 ... equities involved. Nevertheless, the judge ruled, with some reluctance, that N.J.S.A. 46:3-17.4 now disallows such a remedy. This appeal ensued. The sole question before us is the legal interpretation of N.J.S.A. 46:3-17.4, which is contained within a series of provisions at N.J.S.A. 46:3-17.2 to -17.4. The statute was approved on January ... instrument designating both of their names as husband and wife . . . .' N.J.S.A. 46:3-17.2(a). A tenancy by the entirety also is ...

docket:	a2495-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-08
status:	published
citation:	454 N.J.Super. 432 185 A.3d 954
Document Size:	38573

2 N.T.B. v. D.D.B. -- rank: 947

... 389 N.J. Super. 219, 229 (Ch. Div. 2006) (quoting N.J.S.A. 46:3-17.2(a)), aff'd in part and remanded in part ... Div.), certif. denied, 195 N.J. 521 (2008); see also N.J.S.A. 46:3-17.3 ('No instrument creating a property interest on the part ... be held by the entirety'). In 1988, the Legislature enacted N.J.S.A. 46:3-17.2, which recognizes the establishment of a tenancy by the ... instrument designating both of their names as husband and wife.' N.J.S.A. 46:3-17.2(a). Absent evidence of such an instrument, the 16 ...

docket:	a4542-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	published
citation:	442 N.J.Super. 205 121 A.3d 910
Document Size:	40517

3 CATIC TITLE INSURANCE COMPANY v. FRANK J. COZZARELLI -- rank: 909

... and Cozzarelli's claim that the transactions were violative of N.J.S.A. 46:3-17.4 and N.J.S.A. 3B:28-3. After ... him and Rosemarie as tenants by the entirety pursuant to N.J.S.A. 46:3-17.2(a), Rosemarie's lesser estate as a joint possessory ... Moreover, the transactions are not violative of the applicable statutes, N.J.S.A. 46:3- 17.4 or N.J.S.A. 3B:28-3. Thereafter ... AND THEREFORE THE JUDGMENTS ENTERED SHOULD BE REVERSED. POINT VI N.J.S.A. 46:3-17.4 PRECLUDES THE RELIEF SOUGHT BY [CATIC].[5] II. '[W ... shall be deemed to create a tenancy by the entirety. [N.J.S.A. 46:3-17.2.] A-2620-21 19 N.J.S.A. 46:3-17.4 specifies that '[n]either spouse may sever, alienate, ...

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

4 UNIFUND CCR PARTNERS v. WILLIAM K. STONE, III -- rank: 804

... and Margaret as tenants by the entirety. Defendant relies on N.J.S.A. 46:3-17 to -17.5 (the Tenancy Act), to support his position ... shall be deemed to create a tenancy by the entirety. [N.J.S.A. 46:3-17.2.] A-4032-21 5 No instrument creating a property ... intended to create a tenancy in common or joint tenancy. [N.J.S.A. 46:3-17.3.] Neither spouse may sever, alienate, or otherwise affect their ... or upon separation without the written consent of both spouses. [N.J.S.A. 46:3-17.4.] Upon the death of either spouse, the surviving spouse ... original instrument of purchase, conveyance, or transfer from its inception. [N.J.S.A. 46:3-17.5.] When interpreting a statute, '[t]he Legislature's intent ...

docket:	a4032-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-05
status:	Unpublished
citation:
Document Size:	17163

5 DISCOVER BANK v. STEVEN MULLEN -- rank: 782

... and Kaps as tenants by the entirety. Defendant relies on N.J.S.A. 46:3-17 to -17.5 (the Tenancy Act), to support his position ... shall be deemed to create a tenancy by the entirety. [N.J.S.A. 46:3-17.2.] No instrument creating a property interest on the part ... intended to create a tenancy in common or joint tenancy. [N.J.S.A. 46:3-17.3.] Neither spouse may sever, alienate, or otherwise affect their ... or upon separation without the written consent of both spouses. [N.J.S.A. 46:3-17.4.] A-2579-22 6 Upon the death of either ... original instrument of purchase, conveyance, or transfer from its inception. [N.J.S.A. 46:3-17.5.] When interpreting a statute, '[t]he Legislature's intent ...

docket:	a2579-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-13
status:	Unpublished
citation:
Document Size:	18070

6 Mark Lewis and Dennis Winslow, et al. v. Gwendolyn L. Harris, etc., et al. -- rank: 782

... couples under the laws of New Jersey.” See footnote 17 N.J.S.A. 46:3-17.2, which would allow for both automatic transfer of ownership on death, N.J.S.A. 46:3-17.5, and protection against severance and alienation, N.J.S ...

docket:	a-68-05
court:	njsupreme
decided:	2006-10-25
status:
citation:	*CITE_PENDING*
Document Size:	181355

7 Estate of Mary Van Riper v. Director, Division of Taxation -- rank: 723

... property under conditions satisfied by the trust instrument here. See N.J.S.A. 46:3-17.2(a) (“A tenancy by entirety shall be created ...

docket:	a-51-18
court:	NJ Supreme Court
decided:	2020-02-05
status:
citation:
Document Size:	45346

8 Cathleen Quinn v. David J. Quinn -- rank: 680

... of deceased eligible for death benefits under workers compensation law); N.J.S.A. 46:3-17.2 (spouses may hold property by tenancy by entirety); N ...

docket:	A-5-14
court:	NJ Supreme Court
decided:	2014-05-03
status:
citation:	225 N.J. 34 137 A.3d 423
Document Size:	105208

9 MARIANNE CANINO v. JAMES R. CANINO -- rank: 673

... designation "husband and wife," which it asserts is required under N.J.S.A. 46:3-17.2 to create a tenancy by the entirety. N.J.S.A. 46:3-17.2 provides in pertinent part: A tenancy by entirety shall ... Judge Koblitz properly rejected the Estate's argument, concluding that N.J.S.A. 46:3-17.2 does not mandate the use of the words "husband ... acknowledges that this statute must be read in conjunction with N.J.S.A. 46:3-17.3, which codifies the common law presumption that a husband ... hold property together, unless the document of title expresses otherwise. N.J.S.A. 46:3-17.3 states: No instrument creating a property interest on the ... a joint tenancy in the Oradell property as required by N.J.S.A. 46:3-17.3, the trial court properly concluded the parties held ...

docket:	A2711-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-15
status:	unpublished
citation:
Document Size:	29382

10 /usr/local/share/www/libweb/collections/courts/appellate/a2229-20.opn.html -- rank: 642

... is clear . . . that a tenancy in common was created under N.J.S.A. 46:3-17.' Judge Mega further ruled the estate had provided the court ... holding of an estate in land by different persons. See N.J.S.A. 46:3-17. Where a deed names multiple grantees and is silent as ... shall be deemed to create a tenancy by the entirety. [N.J.S.A. 46:3-17.2.] There is sufficient support in the record to justify ... the court] that a tenancy in common was created under N.J.S.A. 46:3-17.' A-2229-20 12 As to attorney's fees, the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22954

11 /usr/local/share/www/libweb/collections/courts/tax/18743-13.opn.html -- rank: 621

... and wife, thereby establishing a tenancy by the entirety. See N.J.S.A. 46:3-17.2. Upon the creation of the tenancy by the entirety ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64576

12 IN THE MATTER OF THE ESTATE OF NGAN LAU KWAN SETO -- rank: 586

... law, usage, or decision theretofore made, to the contrary notwithstanding. [N.J.S.A. 46:3-17.] 'There is no right of survivorship in a tenancy in ...

docket:	a2985-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-12
status:	Unpublished
citation:
Document Size:	41772

13 STATE OF NEW JERSEY v. TATIANA REITER -- rank: 568

... that the judge properly applied the remedy of partition under N.J.S.A. 46:3-17.4 and awarded the Township an expectancy interest based on ...

docket:	a2167-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-15
status:	Unpublished
citation:
Document Size:	33255

14 ROSE PETRONE v. DIANE PETRONE -- rank: 555

... instrument designating both of their names as husband and wife." N.J.S.A. 46:3-17.2. Under that statute, the interest plaintiff and Angelo held ... took the other half. That interpretation is also consistent with N.J.S.A. 46:3-17.3, which states: No instrument creating a property interest on ...

docket:	a5974-08
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	unpublished
citation:
Document Size:	46783

15 MICHAEL ELLIOT ADJMI v. NATIONAL PAYMENT SYSTEMS INC. -- rank: 546

... Div. 2018) was misplaced. Jimenez, according to the judge, held N.J.S.A. 46:3-17.43 'prohibits an unsecured creditor of one spouse from forcing ... instrument designating both of their names as husband and wife.' N.J.S.A. 46:3- 17.2(a). 3 N.J.S.A. 46:3-17.4 provides: 'Neither spouse may sever, alienate, or otherwise affect ...

docket:	a2999-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-14
status:	Unpublished
citation:
Document Size:	9077