Englishtown, NJ asked in Family Law and Real Estate Law for New Jersey

Q: adding a soon to be husband to a deed on house purchased while single. How to retain 100% equity, will a prenup work ?

Hi, my soon to be husband is would like his name on the deed once we are married. I am single and have purchased this property and currently pay mortgage, basically I am the sole owner.

How can I add him and retain 100% equity ? I am not familiar with US or NJ laws. Can we do a prenup where he can mention that the house is mine in case of death/divorce etc...or it wont be enough, and in case of divorce can he still get half of the house?. He just want his name to feel that the house is his as well, and want to write a legal note that the house is mine 100% but how can we do this ?

Thank you

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: I do not know why you would want to add your future husband to the deed on the property. But, yes a prenuptial agreement properly drafted will protect your interests. You really need to retain an attorney to not only prepare the prenuptial agreement, but also one to advise you of the risks. Good luck.

Jay Schmerler
Jay Schmerler
  • Eatontown, NJ
  • Licensed in New Jersey

A: If your goal is to retain 100% equity, you must retain 100% ownership. Adding your soon-to-be husband to the Deed may very well defeat your goal. There are several complex property rights issues that can affect what you contemplate so I would strongly urge you to consult with an attorney experienced in those skills before you act. The same goes for the pre-nup, should that be the agreed upon approach.

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