By Bruce Buechler (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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!