Legal Question in Family Law in New Jersey

Re: difficulties in buying a home while on another's mortgage

It's really up to the individual lender. Some will allow it, some will not. Usually, they look at the other person to see whether or not you will be called upon to pay their mortgage if they default. However, in most cases, it would be a major factor in the lending decision and may disqualify you. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. You may be able to find ways to get around your situation. However, only after you retain an attorney will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob Gleaner

Re: ''buying my own home without being divorced''

The first question to ask is who was the qualifying person for the VA loan. If it was your husband, then he should check with the lender to see if he can have your name removed from the mortgage (unlikely). Although you state that he cannot refinance the mortgage in his own name, efforts really should be taken to try and have that happen. The reason you're concerned about any of this at this time is because any lender considering your application for a mortgage for your new home will have to take into account the existing mortgage in determining whether you qualify and, if so, for what interest rate. I wish you all the best.

Drew Hurley, Esq.

Somerville, NJ