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I live in NJ. I am legally married. I bought an investment property prior to getting married. It is on my name only. I am in a process of refinancing it and my mortgage/ title company are telling me that I have to have my husband's name on the title now and he has to sign some other mortgage documents. I don't want my husband to own any part in this property. Is there any way to avoid it? Thank you.
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Yes - this very often happens because of the way that property is owned between husband and wife. Your spouse may need to sign the mortgage documents, but does not need to be on the title. There are also waivers or releases that can be signed to give up any rights to the property that can be used to avoid putting a spouse's name on the title. You and your spouse will have to sign indicating that this property is not the marital property.
Answered on May 29th, 2013 at 3:17 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship