Probably.
New Jersey law gives the non-vested spouse the right of joint possession in the principal matrimonial residence. (NJSA 3B:28-3) Among other things, the vested spouse cannot mortgage or convey the principal matrimonial residence without involving the non-vested spouse.
Determining whether the land in question is the principal matrimonial residence is the first step. If it is not, this is accomplished by obtaining an affidavit from the non-vested spouse stating that the land in question is not their principal matrimonial residence and providing the street address for their principal matrimonial residence. It is beneficial for that affidavit to also acknowledge the transaction being insured. (Such as, “I understand that my spouse is selling/refinancing her real property at __________________ to ___________________for $_____________and give this affidavit in connection with that transaction.”) It is not acceptable to obtain this affidavit from the vested spouse.
If the land in question is the principal matrimonial residence, the non-vested spouse must sign the deed (for a sale) or mortgage (for a refinance). If they are unwilling or unable to do so, the non-vested spouse may extinguish the right of joint possession by a contemporaneous deed to the vested spouse specifically reciting the statute and their intention to extinguish any interest, including the right of joint possession, in the subject land created by it.
As always, feel free to address any questions to a member of our staff.
ALLSTATE Title Agency is a full service Title Insurance Company serving Ocean County, NJ and surrounding areas.
ALLSTATE TITLE AGENCY 609-489-0442
The information provided is for informational purposes only, courtesy of Old Republic National Title Insurance Company, and should not be used or relied upon for any other purpose. This information is not intended nor should it be construed as providing legal advice. Always seek the advice of competent counsel with any questions you may have regarding any legal issue.
The information provided is for informational purposes only, courtesy of Old Republic National Title Insurance Company (june 16, 2015), and should not be used or relied upon for any other purpose. This information is not intended nor should it be construed as providing legal advice. Always seek the advice of competent counsel with any questions you may have regarding any legal issue.
3/2016