Sometimes you just need a lawyer or a good title agent

Reading the Internet can get you more confused than it's worth.

A recent column in a generally good consumer website, NJMoneyHelp.com, has come up with a klunker for an answer to a common question we receive in our office.

The question- How can I take my ex-spouse off my home's deed.

Here's the column, our comments are interspersed in bold. 

Q. I purchased a home while married. My husband was incarcerated at the time. He signed papers giving up all rights to my home. We later got divorced. In the divorce decree, I was granted sole ownership of my home. Recently, I paid my home off in full. However, when I received my paperwork showing that it was paid off, his name and my name were both listed as owners.  (On what document was both names listed? Was it the deed or mortgage or both.  If he was incarcerated at the time, how did he sign the mortgage?) What do I need to do to get his name removed?
— Homeowner

A. We understand that seeing his name there was an unwelcome surprise to you.

You can take steps to remove your ex-spouse from the deed.  (In reality, yes, you can take steps but the first step is to get the  ex-husband to agree.)

Typically, you would do this by filing a quitclaim deed, said Marnie Hards, a certified financial planner with Aznar Financial Advisors in Morris Plains.

“This document should be signed in front of a notary and then filed in the county in which you live,” Hards said. (The ex-husband is the party that must sign the deed.) “This should remove your ex-husband from the deed.”

Once the quitclaim deed is filed, the spouse who has been removed may no longer access the property without the sole owner’s consent, Hards said.  (I am not sure what caused the financial planner to say this.  No where in the question was the issue of access raised.)

Here’s how you do it.

First, visit Register of Deeds in the county where the property is located. Ask for the quitclaim form, a copy of the existing deed as well as a legal description of the property, Hards said.  (Well, county clerks and registers are not in the business of giving out forms of deeds, although you may find one on his or her website.  Some county clerks may have mercy on you and help you find the recorded deed, why the questioner doesn't have a copy is not explained, and they'll charge you a fee to copy it.  The deed contains the legal description.)

“Then, you will need to fill out the quitclaim deed. Make sure to use the legal description provided to you when you fill out the form,” she said. “You would be the grantee and your ex-husband would be the grantor. It is important that he transfer rights in the entire property.”  (Assuming he has agreed to sign the deed in the first place.)

A notary public must witness both of you sign the form, she said.  (Only the ex-husband need sign the deed.)

The completed quitclaim deed and the required fee can then be submitted to the Register of Deeds, she said.  (No one has mentioned another necessary form that must be signed by the ex-husband.  It's called a Seller's Residency Certification/Exemption Form GIT/REP-3.)

Email your questions to Ask@NJMoneyHelp.com.

This story was originally published on March 18, 2021. It appeared on the Web here.

Frankly, the questioner should be dealing with a lawyer or a good title agent who could help her understand how her title is held.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Vested Land Services LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-808-6130 - Fax 973-227-0645

E-mail sflatow@vested.com

@vestedland

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