Legal Question in Real Estate Law in New Jersey

Re: Quit Claim Deed

I am not sure how a quit claim deed makes any sense unless your husband wants to be out of title. A will could ensure that your interest would go to your children, but if your husband is in title as a tenant by the entirety, he would get the entire property. There are estate planning vehicles that make sense for second marriages. You should talk to an attorney. If I can be of assistance, you can reach me at 800/443-5084

Re: Quit Claim Deed

Marital rights are statutory. By placing his name on the Deed, depending how you described yourselves in the Grantee clause (husband and wife), he may have survivorship rights or merely a life estate. If he gives you a Quit Claim Deed, he should renounce his statutory rights to the life estate. There are a variety of ways this could be handled, which depend on what you desire if you died or got divorced. If you died, what provisions would would want for him? Must he vacate the house or could he live there for a period of time? Since he is on the mortgage, this is a joint liability, for which both your estate (or you if it were a divorce) and he are liable. How would the mortgage be handled under each situation? If he renounced his rights, would he be relieved of the mortgage obligation? This is not a simple question to answer, as there are many scenarios to consider. Did he contribute anything to the purchase price, separate from the mortgage? Is he contributing to the mortgage, so he creating equity? These answers also bear on what other claims he might have both on death or a divorce. If you would like to discuss these alternatives, or if you might need assistance in preparing the appropriate documents, call me at 973-377-3313.