Legal Question in Real Estate Law in New Jersey

My sister purchased a house in NJ, where we were supposed to split it half and half, but it turned out that her credit was bad enough that she ended up just putting it in my name. I wasn't aware that she had done this and didn't want to be the sole person on the mortgage. I would like to know how I can get my name off the mortgage and put the property solely in her name.


Asked on 5/17/10, 4:06 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If the property is in only your name, unless you signed the Note and Mortgage, you should not be liable on it. If someone forged your signature, you will have to take legal action to correct this. You are not required to be responsible for properties that you have not purchased or where title was transferred to you without your accepting it.

If you have not yet had settlement, there is no reason that you must buy the house with only your name on the mortgage.

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 5/23/10, 8:20 am
Robert Davies The Davies Law Firm, P.A.

Give me a call, and I will go over this with you, and give you some advice. I will let you know up front what the fee will be for this consultation.

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.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/24/10, 6:46 am


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