Legal Question in Real Estate Law in New Jersey

Be sure to have this resolved as part of your divorce case. The divorce judgment should include an order requiring your soon to be ex to deed her or his interest in the house to you . The estate of your ex’s deceased stepfather also has to be resolved and that, too, should be addressed in the divorce case order. His name was probably also on the mortgage so all of that should be taken care of in one step.

Under federal law, you are permitted to take over the mortgage in your name. The mortgage lender knows this and should respect your right. If you have a lawyer in the divorce matter, ask that lawyer to address this issue with the mortgage company. If not you may have to consult a real estate lawyer to assist you with that.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.