Legal Question in Real Estate Law in New Jersey

My husband and I are buying a home in NJ, yet he pre qualified alone, went with his family to pick out the home and submitted the offer alone stating my name only needs to be on the deed, something doesnt feel right about this. I am about to uproot my son and move 3000 miles away after 49 years in CA shouldnt OUR names be on all documents not just the deed?


Asked on 6/02/14, 9:23 pm

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

wow....what is going on? i have no way to evaluate what he is doing, not enough info.

husbands and wives usually work together, especially on a big thing like home purchase.

this is bad.

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Answered on 6/03/14, 6:41 am
Larry Raiken Larry S Raiken LLC

I do real estate all the time. there is some missing information. Please call my office or call me at 973 808 2003

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Answered on 6/03/14, 6:43 am
Miriam Jacobson Retired from practice of law

Are you on board for the move? For buying the house? So long as you're OK with the house itself, and your name is on the Deed with your husband's, you will be the co-owner. You will also be asked to sign the mortgage, but not the mortgage note. The note is the obligation to pay. It sounds like the loan was written based only on your husband's credit. That, by itself is not nefarious.

But if you feel that your husband and his family are ganging up on you and more is going on, you may want to consult with a family lawyer, not a real estate lawyer.

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.

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Answered on 6/03/14, 7:53 am
Kevin Connolly Kevin J. Connolly

O good grief.

I wasn't going to respond because the question seemed off-center. Then I saw these responses and I said I had to post.

Your first thought should not have been to talk to a lawyer. This tells me that you're not ready for this move. You should put the whole deal on hold, not because he's a jerk but because you need to hedge your bets

He's making you a no-strings gift. The deed gives ou half ownership of the property with no legal obligations. Whatever downside is in this deal is not coming from the documentation. Though you might ask to see a copy of the mortgage so you know if you and he would actually "own" anything. And I smile when I say that because it's still a gift and such horses need not have their teeth checked: you can always make an old nag into glue.

You're on the right track, though. Years ago, there was an episode of "Maude" in which Maude's divorced and unremarried daughter was in the final stages of a courtship. Prospective husband announced, at the climax of the episode, that he had bought a house for them to live in. Daughter was outraged. Most obviously, since the two had been about to merge economically as well as socially (and physically in most cases), how dare he commit so much of his financial resources without discussing it with her first?

And how dare he pick out a house--any house--without consulting her for her tastes and desires. Maybe you'd prefer to rent for a year before adding to the commitment of a marriage.

And major ecch factor: is this house approved by Mommy?

Et c.

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Answered on 6/03/14, 11:20 am


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