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Stuck on closings the day of closings.

Maplewood, NJ |

I am in NJ state. I bought a house 4 years ago on my name having all papers mortgage and deed. I closed a mortgage at Wells Fargo 3 yrs ago. I am married but my wife left me and we are not together for about 11 years. My religious beliefs prevent me from divorce. I got the house without her signing any papers. Now I am trying to refinance with another bank they asked me I have to get my wife signed all papers because laws in NJ require that every spouse have signature on papers to qualify, even when about to sale the property. I would like to know if it is true what the mortgage company is trying to tell me and any suggestions will be appreciated.Is there laws for this type matter? How can I handle that? Thanks

Attorney Answers 3


  1. The lender is concerned your wife may have an equitable interest in the property. Without knowing for how long the two of you made your house the marital home, it is difficult to say whether (or to what extent) your wife has an interest in the property. I suggest you consult privately with an attorney as your question touches on real estate and family law concerns.

    Disclaimer: For a free consultation contact me directly at 973-519-0196 or adam@LefkowitzLawOffice.com. If this answer was helpful, please mark it as helpful or as a best answer. Answering questions on avvo.com does not create an attorney-client relationship. You are strongly encouraged to seek and retain your own counsel. Information and answers posted to this website are for general informational purposes only.


  2. I agree with the prior answer. The lender is correct. It seems that you and your wife have been separated for years. It might be in your interests to pursue a divorce action, not only for the real estate issue but for many other isues that may come up in the future. I would suggest that you consult with a family law attorney.

    PLEASE NOTE THAT THIS ANSWER IS BASED SOLELY ON THE QUESTION AS PRESENTED. THIS ANSWER DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP BETWEEN US. YOU ARE ENCOURAGED TO CONTACT AN ATTORNEY OF YOUR CHOICE TO FULLY DISCUSS YOUR SITUATION AND EXPLORE YOUR OPTIONS.


  3. The Lender is concerned because as you are married your wife may well have an equitable interest in the property. Your question does not make it clear if you occupied this property as your marital home. There may be other factors involved as well. You do need to consult with an attorney. The issue of your wife's potential interest in the property will not just vanish. It will continue to be an issue should you try to sell the property. You really should address it now so it is dealt with.

    For a consultation, please call 973-287-7700. The answering of questions on Avvo.com does not create an attorney-client relationship. The information is only general in nature and not intended as legal advice. I would always recommend that someone consult with and retain a qualified attorney for all legal matters.

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