Legal Question in Real Estate Law in New Jersey

My husband bought the house we live in 20 years ago, before we were married. There are 2 names on the deed to the house: my husband and his mother. My husband refuses to take his mother off the deed and put my name on it. Do I have any legal rights to ownership of the house since it has been my sole residence since 2008 and the co-owner is my spouse?


Asked on 1/13/13, 5:43 am

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

If you were in a divorce situation, you would be entitled to a portion of the equity. The value and amount would need to be determined by the Court if the two of you could not agree to same. As to your husband's mother (assuming she is alive), she still has a valid interest in the house. If she has passed away, any of your husband's siblings may have an interest in the house. And your husband's ability to transfer would be subject to her (or the sibling) interests. Depending to the answer to all of those questions, your interest in the property may be limited.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner

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Answered on 1/13/13, 6:27 am
Robert Davies The Davies Law Firm, P.A.

Yes, you have rights. Call me, come in and see me, and I will explain. No charge for the office visit.

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Answered on 1/13/13, 6:51 am
Larry Raiken Larry S Raiken LLC

Yes you have rights even without your name on the deed. Set up an appointment with my office and I will advise you.

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Answered on 1/14/13, 6:32 am


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