property

Tenancy by the Entirety (New Jersey)

In New Jersey, a co-ownership form available only to married couples and civil union partners, who are treated as one owner. A conveyance to such a couple automatically creates a tenancy by the entirety unless the deed says otherwise. It carries survivorship; neither spouse can sell or mortgage the whole alone or force partition, and a creditor of only one spouse cannot force a sale. Divorce converts it, typically to a tenancy in common. Domestic partners do not get the presumption, and unmarried co-owners are presumed tenants in common.