Jimenez v. Jimenez

SABATINO, P.J.A.D.

*433This appeal poses the legal question of whether N.J.S.A. 46:3-17.4, a provision enacted into law in 1988, precludes a spouse's unsecured creditor from obtaining the forced partition of real *434property the spouse and his non-debtor spouse own together as tenants by the entirety. We hold the statute prohibits such non-consensual partition. The statute supersedes and nullifies earlier case law that had allowed such a creditor's remedy in certain equitable circumstances.

The facts pertinent to our legal analysis are limited and essentially undisputed. In October 2006, defendant…