Section 3B:28-3.1 - Joint occupancy of principal matrimonial residence; mortgage lien The right of joint possession to the principal matrimonial residence as provided in N.J.S. 3B:28-3 is subject to the lien of a mortgage, irrespective of the date when the mortgage is recorded, provided:
a. The mortgage is placed upon the matrimonial residence prior to the time that title to the residence was acquired by the married individual; orb. The mortgage is placed upon the matrimonial residence prior to the marriage; orc. The mortgage is a purchase money mortgage; ord. The parties to the marriage have joined in the mortgage; ore. The right of joint possession has been subordinated, released or extinguished by subsection b. or c. of N.J.S. 3B:28-3.Amended by L. 2005, c. 160, s. 22, eff. 2/27/2005.Amended by L. 2004, c. 132, s. 92, eff. 2/27/2005.L.1981, c.405, s.3B:28-3.1, eff. May 1, 1982.