Legal Question in Family Law in New Jersey
Signing off of Property
I want to know if I should sign a quit claim deed off of the marital home ,both names on deed while my name is still on the mortgage. In the attempt not to make my soon to be ex-wife refi at a higher rate, which she can not afford to do now. Adultery is a issue not to say that has anything to do with it. I have allready left the house in light of the want she has for a divorce and the resent awareness of the adultery,approx. 3 months have gone bye and there is still no action on her part to obtain a divorce.It was mutually agreed that she would pay me a fixed sum of money to settle property issues. What should be my next step?
2 Answers from Attorneys
Re: Signing off of Property
Leaving your name on the mortgage is not wise, but if you are financially strong it might be a risk you can live with. Normally, the deed would be executed when the mortgage is both your names is paid off.
You might consider that so long as your name is on the deed you may be unable to qualify for another mortgage.
Whatever you do hire an attorney; it will probably save you money in the long run.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Signing off of Property
If she is the one who committed the adultery, then I suggest you file for divorce. In the end, it may not make that much of a difference, but it always looks good to be the Plaintiff. Your next step should be to get a lawyer and hopefully she will do the same. Then, your lawyer can work out the property issues and all other issues.
Jef Henninger, Esq.
Statewide Family Law Practice
732/247/3340
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