Legal Question in Family Law in New Jersey

Re: Pre-Marital Property

It is a matter of whether the buyer will feel safe with a deed which does not convey your wife's potential claim to a share of any increase in the value of the house during the marriage due to her efforts. Such a claim will probably turn out to be of no value, but it's potential value may scare away a buyer. You should offer it for sale and put aside reasonable portion of the proceeds of the sale, as advised by an attorney, if there is a buyer who will forgoe having your wife's signature on the deed.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

Re: Pre-Marital Property

Unfortuantely, if your wife lived in the house during the marriage for any length of time, you cannot sell it without her signature. It is unlikely a seller will accept a deed without her signature even if you agree to hold a portion in escrow. This is because she may also have an interest under equitable distribution. You should file for a divorce as soon as possible including custody. Ask for the house to be ordered to be sold and try to limit her interest in the house. She may be entiltled to some portion of it based on the increased value while she lived there. If you want to proceed with any action or have further questions, please contact our office. Good luck.