Legal Question in Real Estate Law in New Jersey

You need to consider that there is a difference between the Note and the Mortgage. These are two separate documents. The Note represents the debt. The Mortgage is merely a security interest on the property to secure the debt. From your description, the lender is not asking your husband to sign the Note. Only you will sign the Note. The loan is only based on your income and credit, and the loan will only appear on your credit report. Your husband has a marital interest in the house if it is used as your principal matrimonial residence, regardless of whether he is on the Deed. Your husband is merely being asked to sign the Mortgage instrument (not the Note). This is for the purpose of your husband agreeing that the property will be collateral for the loan (YOUR loan). It does not make him responsible for the loan in any way. It does not make him a co-borrower and it will not result in the loan history going on his credit report. In refinance situations of the marital home, non-owner spouses must always sign the Mortgage (not the Note) as a condition of the other spouse getting the loan. Otherwise, a lender will not get the security interest they need and will not lend the money.