Marie King, Plaintiff-Respondent v. Joseph M. Greene, Mabel Greene, Margaretta P. W. Harrison, John Cusick and…

Summary

The Supreme Court of New Jersey reversed the trial court’s summary judgment that declared Marie King the sole fee simple owner and discharged a mortgage, holding that a purchaser at an execution sale of a spouse’s interest in a tenancy by the entirety acquires the spouse’s right of survivorship and becomes a tenant in common with the surviving spouse. The Court remanded for entry of judgment consistent with this rule. Two dissenting opinions argued that the right of survivorship is inalienable and the majority’s approach should be affirmed.