Legal Question in Real Estate Law in New Jersey

estate law

My partner & I split and she is willing to sign the house we own together over to me. We are both on the mortgage & the deed. I have the form from the mortgage company to have her name removed which she has to sign and there is a small fee. Do I also need her to sign a quit claim deed and do we need a lawyer?


Asked on 8/23/08, 5:30 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: estate law

The type of deed you refer to as a "Quit Claim" deed only says that the person is transferring his/her interest, whatever that interest may be - even if s/he has no interest in the property. You may want to get a special warranty deed instead. Such a deed includes a promise that she hasn't done anything to cause any claims by others to the property.

There are documents you'll need in addition to a deed, so it probably is best to have a lawyer prepare all of the documents. Look for a real estate lawyer in your county or close to where to you are.

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Answered on 8/23/08, 5:46 pm
Soleiman Raie Joel Every & Associates

Re: estate law

we highly recommend you contact an attorney with real estate law background and the experience with closings, title work, etc. We handle all those issues. Please call for a free consultation.

Sal Raie, Esq.

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Answered on 8/25/08, 3:43 pm


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