Legal Question in Family Law in New Jersey

Sell of Home

If I am selling my home that is only in my name on mortgage.Does he have to sign when I sell it? I know he is intiled to half of sale.


Asked on 10/29/05, 3:20 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Sell of Home

You need to speak to an attorney. Who is the man who you believe must sign? is he your husband, or is he your exhusband and you are divorce? you need to give more information.

The most important thing you said was that he is entitled to half. No, he is NOT entitled to half automatically by law. You NEED to speak to a divorce attorney who is near you, someone who knows divorce law.

As to whether he must sign or not, you really need to have an attorney look at the DEED, the document you got when you bought the house. Even if it is ONLY in your name, he might need to sign when you sell. That is NOT your big problem. Your big problem is who is entitled to the money from the sale. Please call a lawyer.

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Answered on 10/30/05, 3:42 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Sell of Home

If you are the sole mortgagee then, your spouse does not have to sign unless, for example, your spouse signed to refinance the home.

AMW

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Answered on 10/29/05, 4:15 pm


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