Deed

Guest

Does anyone know what, if anything, voids a recorded deed in the state of New Jersey? My deed was recorded, but there a few "technical typos" contained throughout the deed and now my husband is trying to have a new deed drawn up without my name on it.

raymond · Posted: Fri Oct 30, 2009 9:26 am Post subject:

Anybody, regardless of who it is, is not allowed to remove your name from Title. You could voluntarily have it removed, if that was your desire, but nobody else can.

Well ... a Judge could, but it'd require court action and you'd get a say in it.

What are the typos?

Guest

There is an error in the street address in the Property Section, But the attached Schedule A is correct and there is one error in the "Record and Return to Section"

raymond · Posted: Fri Oct 30, 2009 9:52 am Post subject:

Those minor errors are not reason for having you removed from Title. How would your Husband like it if you were the one who had those errors corrected, and you had him removed from Title?

Why does he want you off Title anyways? What's his motive?

Guest

It's been our home for 15 years. The mortgage was held by my father in law, and we paid my father in law the mortgage, we were always supposed to take ownership at some point. My father in law died in March and left the home to my husband only in his will. My husband still went ahead and head the deed drawn, executed, witnessed and recorded in both of our names. Now, though we are having difficulties and I believe he wants to file for divorce and take the house.

raymond · Posted: Fri Oct 30, 2009 10:26 am Post subject:

The house belongs to both of you - don't Quit Claim it to him. You're protected as long as your name is on Title. If he wants a divorce, so be it, but your Attorney can easily defend your interest in the house as long as you're on Title, and ensure you're compensated for those 15 years.

Guest

The attorney that drew up the deed, executed it and had it recorded sent my husband an e-mail that said "I will now correct it to be deeded to you alone." That's my concern that they are going to produce a new deed without my name on it.

raymond · Posted: Fri Oct 30, 2009 10:58 am Post subject:

If I were you, I'd contact the Attorney and tell him you do not wish to be removed from Title, and do not authorize anyone to remove you from Title.

Does your Husband have a Durable Power of Attorney for you? I'm wondering if they're using the POA for a Quit Claim signing.

Your Husband is being deceitful and it's probably just going to get worse, and it sounds like you're eventually going to require legal representation. It can be expensive, so you'll want to check out Pre-paid Legal Services and get signed up with them - you'll save a lot of money and have access to proper legal representation.

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