Legal Question in Real Estate Law in New Jersey

Re: Transferring mortgaged house from 2 owners to 1 owner

hi -

yes, you could sign the property over to just one spouse. but both spouses still remain on the mortgage, however, regardless of who's on the deed. if you have any further questions, fell free to call me at 609 263-0089. good luck !!

Re: Transferring mortgaged house from 2 owners to 1 owner

The house can be transferred by the preparation, signing and filing of a Quitclaim Deed. However, you need to consider carefully why you would want to do this and whether it would be appropriate in your circumstances. There may be some unintended consequences if you do this. For example, most mortgages have a clause which would allow the mortgage company to foreclose on your property if the transfer that you have described would occur. Whether they would do so is another matter. However, they could.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner