Legal Question in Real Estate Law in New Jersey
wife's name on deed of apartment
My husband and I will be moving into a new condo in NJ. He and his mother will be going into a partnership to buy the apartment. My name will not appear on the Morgage or deed, because I do not earn a large salary, I do not have any assets nor savings. Althought I completely trust my husband and his family, how will the absence of my name on the deed impact me if he dies, we get a divorce, or there is conflict with his family?
2 Answers from Attorneys
Re: wife's name on deed of apartment
there are far too many issues to discuss to set out here.
You will want to discuss this with the attorney who assists you in buying the condo. if you do not have an attorney, you should get an attorney.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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.
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Re: wife's name on deed of apartment
In NY & most states, a "legal" spouse is presumed to be in an "economic partnership" with their spouse.
Which means that notwithstanding whether a spouse's name appears on title or a property deed, the Court's and law "assumes" that the "nontitled" or "unnamed" spouse, has a share and interest in their spouse's share and interest in the asset or property.
Good luck,