Legal Question in Real Estate Law in New Jersey

Re: name removal from house deed

I generally agree with John, but questions could arise at a later date. If the house were to be sold, the Buyer's title company would also ask questions about possible estate and/or inheritance taxes, estate debts and the like and seek an Affidavit regarding these matters. While not necessary, as John explained, a new Deed could possibly eliminate questions in the future. If you need assistance, contact me directly.

Re: name removal from house deed

It can be done with a properly executed quitclaim deed and the affidavit regarding transfer tax. It is not necessary, however and not much good can come from it if the house is the maritial home and was bought while the marriage was in effect. In such a case the spouses are tenants by the entirety and the surviving spouse acquires title by operation of law. The only thing that a title company might require when the property is sold would be the deceased spouse's death certificate.

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