New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 20-10.1

Whenever real property of a mental incompetent which is ordered sold by the court pursuant to section 3A:20-10 of the New Jersey Statutes is held by the said incompetent and his or her spouse as tenants by the entirety, the assent of the guardian of said incompetent to said sale shall be deemed to have been given by the filing of his complaint for such sale and such filing shall also constitute the assent of the said incompetent to a termination of the tenancy by the entirety as fully and sufficiently as if he were competent and had so assented, and the proceeds of the sale payable to the incompetent need not be deposited with the clerk of the court but may be used by the guardian of the incompetent for the care, maintenance and support of the incompetent, subject only to the duty of the said guardian to account therefor as required by law. Nothing herein contained shall affect the interest of said spouse as tenant by the entirety unless said spouse shall consent to the termination of such tenancy.