Legal Question in Real Estate Law in New Jersey

Re: divoced and did not sign

You need to work from the facts. A simple title search would show who has legal title to the property. If there is still a question about whether there is a difference between who has legal title (named on the deed) and who may have equitable title (per the divorce), it would probably be possible to locate the divorce documents throught the court and the lawyer who handled the case.

Whether or not that is worth the cost to you or your mother depends on the value of the house and what is implied by the answers.

If I can be of help to you, please call or email.

Clarifying title to property

The first step is for your mother-in-law to get a copy of her divorce decree, either from her attorney, her ex's attorney, or the Court. It is not clear whether you are asking whether she was supposed to have released the property or whether you are saying it was never determined in the divorce proceedings. That should be clarified once the divorce decree is obtained. In any case, your mother-in-law will likely need a family law lawyer to work through this issue.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If your mother-in-law has not already done so, she should immediately meet with an attorney for a full consultation before she takes any further steps. She is free to call me to discuss this matter in more detail. If she does, tell her to mention Law Guru and her first one hour of time will be free. Good luck! Rob Gleaner

Re: divoced and did not sign

While ownership is how the County Register or Clerk's records indicate current registration, this is a relatively simple matter to correct. Someone has to get a copy of the Divorce Judgment from the Court Clerk in the County where the divorce was granted, or from one of the attorneys involved or her ex-husband. If the question of ownership to the house was covered by the Judgment or a Property Settlement Agreement (the PSA would be attached to the Judgment) the documents could be recorded now to clear title. Alternatively, if your MIL is still alive and is making no claim to the house, she can sign a Quit Claim Deed which can be recorded now. Many facts are missing, as to why the issue has arisen today, which might have a bearing on what needs to be done. If your MIL is deceased, her Executor or Administrator of her estate can provide the Deed. Contact me directly if you need assistance.

This opinion cannot be relied upon as all facts may not have been provided, and is merely provided as a guide and is of general import.

Re: divoced and did not sign

If the divorce decree said her ex was to get the house why did he never ask for a Deed? Who lives in this house now? There are about a zillion facts you'd need to provide before I could try to help.

Write again and tell all that you know.