going through divorce husband file bankrupt in 2005 then in 2008 filed for divorce after being abusive, abandoned family, debts and bills, then moved out of state. Im just wanting to find a way to have the house turned over to me. His name is on the deed and a comma with married wife. How do I get my house. I
I am unsure from your inquiry as to whether or not the divorce is pending still. If it is pending still, title to the home can be transferred to you as the spouse, if you request that. If you are paying the bills and maintaining the house, you will need to demonstrate that to the Court's satisfaction. A court can potentially award you the house, if that is requested as part of the equitable distribution.
MARY TOM, ESQ.
HUNZIKER, JONES & SWEENEY, P.A.
Wayne Plaza II
155 Route 46 West
Wayne, NJ 07470
Phone No. (973) 256-0456
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Divorce / Separation Lawyer
As a follow up to Ms. Tom's answer the only other way to get the property in your name would be to have him execute a deed in your favor. But be careful though. If there were judgments entered against him prior to the transfer of title you will be required to satisfy same at the time the property is sold. Additionally any mortgage recorded against the property will not be extinguished by the deed transfer. It will remain on the property till satisfied and the Note paid in full. I strongly suggest that you get a title search done to ensure they are no liens or judgments against him before you take ownership. Please consult with your attorney and if you dont have one i strongly suggest you GET one.
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