Law360 (July 20, 2018, 1:23 PM EDT) -- A recent decision by the New Jersey Appellate Division held that N.J.S.A. 46:3-17.4 "precludes a spouse's unsecured creditor from obtaining the forced partition of real property the spouse and his non-debtor spouse own together as tenants by the entirety." This decision in Jimenez v. Jimenez reiterates that the purpose of N.J.S.A. 46:3-17.4 was to modify New Jersey common law to now prohibit a creditor of one spouse from executing on either real or personal property owned by both spouses as tenants by the entirety.
N.J.S.A. 46:3-17.2(a) states that a tenancy by entirety is created when "[a] husband and wife together take...
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