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?


Asked on 1/17/07, 9:33 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 1/17/07, 10:38 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

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,

Read more
Answered on 1/17/07, 12:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey