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Two people who are not married must be very careful about how the property is titled in the deed. If they want the property to automatically pass to the other if one dies then the property should be taken as joint tenants with right of survivorship. If Robert and Erin owned as JTWRS and Robert died then Erin would be the sole owner. That scheme of ownership could not be changed by a will.

If they do not want the other to become the sole owner if one dies then they should take the property as tenants in common. If Robert and Erin were tenants in common and Robert died then Robert's heirs at law would inherit his half or he could leave it to someone in his will.

You need to decide what should happen to the property if one should die and then have that reflected in the deed.

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Q: If you have 2 people on a deed that are not married what happens to the property?
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Do you have to be married to have your name on the property deed in NJ?

No. If you are on the mortgage you should also be on the deed.


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Can a married couple quit clam property to one another being both the grantee and grantor?

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