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Sunday, July 23, 2017

FRANCINE REIBMAN, ETC. VS. JAY H. MYERS, ETC., ET AL. A-0332-15T2


FRANCINE REIBMAN, ETC. VS. JAY H. MYERS, ETC., ET AL.
          A-0332-15T2
In this appeal, the Appellate Division was asked to consider whether plaintiff's property rights in the marital home under the New Jersey Joint Possession Statute N.J.S.A. 3B:28-3 were released, extinguished, or merged by virtue of a subsequent deed granting title by the entirety with defendant husband. This court holds, when plaintiff obtained a fee interest she lost protection under N.J.S.A. 3B:28-3 because her possessory interest merged into the greater fee estate.
As such, plaintiff's interest was subject to liens and an equitable mortgage, particularly, as here, where plaintiff was aware of and enjoyed the benefit of those loans and the parties intended the property to secure repayment.