QUESTION

house lien

Asked on Oct 19th, 2017 on Civil Litigation - New Jersey
More details to this question:
there is a judgement against a spouse who was taken off the deed after a year of marriage. the down payment was a gift specifically to the spouse and who is responsible for paying the mortgage. the other spouse who has the judgement against him has never contributed to the house . The company is now trying to sue the spouse who made the downpayment and who pays the mortgage each month claining that the elimination of this name from the deed was to cover any ownership he might have had. he had none he doesn't work and the down payment was a gift from her parents. does the company have a legal ground
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1 ANSWER

Anthony Van Zwaren
This is a complicated issue and really would likely only be decided in the context of litigation. This will need to be hashed out in a suit to determine whether or not the spouse had any ownership interest. But you say that the spouse's name was taken off the deed a year after marriage. But was the deed executed as part of the mortgage and was the spouse's name on the mortgage? You really need to arrange to have an in office consultation with an attorney and bring your documentation with you.
Answered on Oct 22nd, 2017 at 9:11 AM

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