Legal Question in Real Estate Law in New Jersey

If I am not on the loan but I am on the deed am I equal owner of our home that we are about to purchase? I am new to the state of new jersey and for some reason my husband does not want me on the loan


Asked on 7/01/15, 6:02 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

If the lender will allow this arrangement, it is a good one for you. You will have an ownership interest in the property and no responsibility to repay. If the house is to be the marital home and you take title as "husband and wife" it is even better because, as tenants by the entirety, your spouse's creditors have limited rights. Just be sure that the deed names you as a grantee with your husband.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/01/15, 6:24 am
Walter LeVine Walter D. LeVine, Esq.

I agree with John although there may be some difficulty if you survive your husband and there is still a balance due on the mortgage. Theoretically, the mortgage will no longer be viable if you survive your husband. I have not seen the Deed so this response only presumes that the Deed reflects the ownership as tenants by the entirety. This would not be the result if the Deed reflects different form of ownership.

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Answered on 7/04/15, 10:24 am


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