Legal Question in Family Law in New Jersey

legal separation of property

My husband and I have been separated for 6 months and would like to divorce. He told me that I could have the marital home but the house is under his name only. We have lived in said property for 7 years. How do i go about getting the house in my name. he stated that he is willing to sign any necessary paperwork to make this happen. Also, what is a quitclaim deed and will i need one?


Asked on 10/31/06, 11:54 pm

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: legal separation of property

A quitclaim deed is a transfer of title without any representations as to any liens against the

property. He would simply sign the deed and it would be filed with the county clerk. It would be wise to do a title search to insure that there are no tax or judgment liens against the property because tax and judgment liens are against the land and you would be receiving the land subject to such liens.

A quick property settlement agreement would be striking while the iron is hot, but it would be prudent to exchange certified financial statements doucement all assets and liabilities prior to entering into such an agreement to insure that there are not other assets in which you should share. Hire an attorney.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/01/06, 2:54 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: legal separation of property

Yeah, I agree with Mr. Moore. Get an attorney. If its as easy as you say it is, it shouldn't be very expensive at all. It'll save you a lot of headaches too.

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Answered on 11/01/06, 8:05 am
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: legal separation of property

A quit claim deed will transfer title to your name. But, unless you have a comprehensive Property Settlement Agreement as part of a divorce, the transfer will not prevent him from coming back and claiming an equitable interest in the property (just like you have an interest in the property even though your name isn't currently on the deed).

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/01/06, 10:14 am
Robert Davies The Davies Law Firm, P.A.

Re: legal separation of property

three lawyers have already told you that you can do what you are trying to do fairly easily, and they are telling you that you will save a lot of headache and cost for yourself if you get an attorney now to help you. It will cost you a lot, lot less to pay a lawyer now, than to find out later that something went wrong and needs to be fixed.

Now, dont take this wrong, but let me summarize:

you want a divorce, sometime soon.

you have a job.

you might have kids.

child support and college tuition needs to be paid. measured in tens of thousand of dollars.

you have a house, and he is going to give it to you.

maybe some money saved. you might have a pension plan.

and you want to do this without an attorney's advice.

I can not say any good words. No, I will not give you advice, because nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

this is the best advice that i can give you. and i am located in northern NJ, so i am NOT the right lawyer for you to go to. Good luck to you. It does not sound too hard to do what you are trying to do.

Go hire a lawyer, and figure out what you want to do.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/01/06, 10:45 am


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