Legal Question in Real Estate Law in New Jersey

Re: Title change

While this is more appropriately a question for a matrimonial attorney, divorcing spouses can agree to anything, by doing a Property Settlement Agreement that would become part of the Judgment for Divorce. You should review this with your matrimonial attorney. Keep in mind that child support is not just some monthly payment to cover food, clothing, housing and the like, but could include matters such as college education, medical, dental and medicine coverages, and other future matters. If he is also to be relieved of these responsibilities, you are giving up a lot on behalf of your children and professional advice should be obtained before you agree to anything.

Re: Title change

In NJ, child support is a right of the children, not of the parent who gets custody. However, if you can convince a judge that a particular arrangement is more beneficial to the children then it certainly can be Ordered.

Unfortunately, I'm not clear on your facts. If you mean he signs a Deed transferring his interest in your home to you in exchange for you refinancing the current mortgage to have him relieved of that obligation, I have difficulty seeing the advantage to you or the children except that you want him out of your sight. Yes, being sole owner may well mean that you alone have more equity in the house but how does that feed and clothe children? Unless your income is substantially more than your husband's and you can support yourself and the children while paying the mortgage by yourself, it's not a good idea in any case. And I just don't see a Judge letting your husband off scott free because you want him out of your life. What happens when the kids get older? Are you able to pay for their college educations by yourself?

You really do need to speak to a Family Law attorney who can help you see the big picture here.

Re: Title change

You can not really trade child support for the value of the house, but in almost all situations, you can work to achieve what both parties want. It sounds like you need a divorce attorney. With children and a house involved, you REALLY should not do this on your own.

If you are near me, please feel free to contact me, and let us see if I can assist you.