Articles Tagged with deed

A recurrent situation is where the parties to a divorce decide that one party will remain in the property after the divorce and they have to get the other party’s name off of the deed and/or the note and mortgage.

Here’s How To Remove Your Ex-Spouse From The Deed

To take your spouse’s name off of the deed you have to execute a new deed from you and your spouse (as grantors) to you (as grantee). This keeps the chain of title intact. Once you and your spouse have signed this new deed it has to be recorded with the county clerk in your county. Now the chain of title will show that you and your spouse purchased the property in a certain year and then you and your spouse transferred the property to you on a certain date. The mechanics of the transfer are very straightforward. This deed is called a quitclaim deed. It is often mistakenly referred to as a “quick claim deed”.

Attachments to Deed

There two other attachments that need to be filed along with the deed in New Jersey. The attachments are: (1) The Seller’s Residency Certification/Exemption (GIT/REP-3); and (2) The Affidavit of Consideration. If you are also refinancing the property your lender may prepare this paperwork for you. Check if your lender if they will take care of preparing the deed and attachments or whether they want your attorney to handle deed the transfer paperwork. If you are not refinancing the property then you can contact my office at 844-431-3380 to accomplish the deed transfer for you.

Affidavit of Title and Title Search

Your ex-spouse should also sign an affidavit of title regarding the property. The affidavit of title is a standard form affidavit in which your ex-spouse  certifies in writing under oath, in front of a notary, that he or she has not done anything to have a lien placed on the property. The affidavit of title protects you so that if, after the title transfer, an issue pops up on title connected to your spouse you have an affidavit from them that you can utilize if you have to go to court to force them to remove the lien. Continue reading →

One of the biggest issues in any divorce or separation is what will be done with real property – a house, a condominium, even a rental unit. The common issues to be resolved are: Who gets the property during and after the divorce? Who is responsible for paying the mortgage and real estate taxes? Is the property sold to a third-party, or can one spouse buy out the other’s interest?

With the post-2008 housing meltdown issues involving underwater homes, short sales, foreclosures, insolvency, cancelled debt income, and exposure to deficiency judgments have become part of the divorce landscape.

The purpose of this blog post is to help potential clients living in the Bergen-Passaic and Hudson-Essex areas understand how the New Jersey real estate and divorce laws impact ownership and occupancy of their marital real estate. This post is the first in a series of related posts dealing with the topic of divorce and the marital home. As always, your questions are welcomed by telephone at 844-431-3380 or via e-mail using the contact form on this page.

The Deed

When you acquired your residence you received a deed at closing. The deed is the document that spells out who has ownership rights in your property. If you don’t have a copy of your deed you can always get a copy from the County Clerk in your county of residence. If you live in Bergen County you can get a copy of your deed at the Bergen County Clerk’s Office, located at One Bergen County Plaza, Hackensack, New Jersey 07601. If you live in Passaic County you can get a copy of your deed at the Office of the County Clerk/Registry Division, Passaic County Administration Building, 401 Grand Street, Room 113, Paterson, New Jersey 07505. Hudson County deeds are available at the Hudson County Register’s Office, 257 Cornelison Avenue, 4^th Floor, Jersey City, New Jersey 07302. Essex County deeds can be obtained from the Essex County Register of Deeds located at Essex County Hall of Records, 465 Martin Luther King, Jr. Boulevard, Newark, New Jersey, 07102. Continue reading →