Legal Question in Real Estate Law in New Jersey

Re: having spouse's name removed from house title

Having a name removed from a property is a simple matter of preparing a Quit Claim Deed, signing it and filing it. HOWEVER, there are many other legal considerations involved and this should not be done without an attorney. You are involving yourself with major legal issues involving both real property law and divorce law. Doing this on your own could lead to some major unintended consequences.

My advice is to do nothing until you meet with and retain an attorney and then only act in accordance with his/her advice. Good luck! Rob Gleaner

Re: having spouse's name removed from house title

You husband can execute a quitclaim deed to you, conveying his interest in the property to you. You equity loan most likely has a provision that in the event of a title change, they have the right to accelerate the loan (i.e., demand payment of the entire outstanding balance). The best thing to do would be to either contact the lender on the equity line to see whether your husband can be removed, or if not, then to refinance in your name only.

Please feel free to contact me if you would like professional assistance in this regard. I can prepare the deed and handle the refinance closing, if desired.