Question
Angelo and Rose Petrone and their daughter Diane together purchased a home in Seaside Park, New Jersey. Junior, one of the Petrones' sons, entered the
Angelo and Rose Petrone and their daughter Diane together purchased a home in Seaside Park, New Jersey. Junior, one of the Petrones' sons, entered the contract for the purchase of the home, but Angelo and Diane furnished the funds for its purchase. The deed, however, had Angelo, Rose, and Diane as the grantees and described their ownership as a "joint tenancy with right of survivorship." Diane was one of five children of the Petrones and their only daughter. They purchased the home together because they agreed that Diane would care for her parents in the home until their deaths and that she could then have the home as her own. They described their ownership of the property as "the last person standing would own the house." Angelo passed away in 2005, and Rose and Diane had disagreements over who was paying enough on the upkeep and maintenance of the home. Rose also wanted to take out a reverse mortgage on the house to help Joseph, another son, with his financial problems. Rose also had arranged to draw up a will to leave one-third of the house to Joseph. When Diane refused to sign a corrective deed acknowledging that she had a one-third interest in the property, Rose filed suit against Diane in 2007 seeking a de-termination of who owned how much in the house. What should the court do?
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