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In New Jersey, if one spouse transfers the deed into the name of the other spouse, does that negate tenancy by the entirety?

Flemington, NJ |

Mortgage is in the name of the spouse on the deed. Spouse who transferred the deed over to the spouse signed the mortgage, but is not listed on the mortgage itself.

Attorney Answers 3

  1. Best answer

    Yes - if one spouse takes his or her name off of the deed, it is no longer a tenancy by the entirety.

    To be a tenancy by the entirety, the deed would have to list both names and be followed with "Husband and Wife", "H/W" or some other designation that they were married.

    This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

  2. To supplement what prior counsel responded, remember that the transfer of title does not void the obligations of the spouse on the promissory note that was signed at the time the property was purchased or refinanced. The Bank can still file a deficiency action against any of the individuals who signed the note.

    Joanne M. Sarubbi, Esq.
    1 Parkview Drive
    Millburn, NJ. 07041

    Please note that this answer is given for informational purposes only and shall not be deemed legal advice or create an attorney-client relationship.

  3. I agree with the other responses but also it is important to note that in a foreclosure action, lenders would usually join spouses irrespective of whether they are on the deed or mortgage.

    This answer does not constitute legal advice. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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