Legal Question in Real Estate Law in New Jersey

Re: Refinancing after Divorce

I am not sure what the problem is, but it can be resolved in several ways: (1) Have your "x" sign a simple quit-claim Deed transfering her interest to you and indicating the Deed is exempt on one of the grounds listed in an Affidavit of Consideration (I can supply you with a form if you contact me directly), (2) it may be possible to record a copy of the Divorce Decree, which may act as a Deed, if it contains language giving you the NJ property, (3) filing a Complaint to clear title, although this may require naming your "x" as the Defendant and also serving her with a copy of the suit. She can give a Consent Judgment so she need not appear or hire an attorney. You may want to talk to a Title Insurance Company about how to clear the title, since title work will have to be done as part of the refinancing anyway. They may have some other suggestion, since they will need to "insure" the title.

Re: Refinancing after Divorce

Obviously, this should have been taken care of 20 years ago. It will be harder now, but not out of reach.

A crucial issue is whether you are still in contact with your ex and still on speaking terms. If so, the matter is one of paperwork. If not, it will probably be necessary to file a suit so that a judge can issue an order determining the proper title.

My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. (You didn't give you Zip code.) If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm

Re: Refinancing after Divorce

I have read what the other attorney said, and as usual John is right on.

you really need a lawyer to assist. find someone who does real estate and divorces, who is not too far from you.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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