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

Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Brooklyn, NY
  • Licensed in New Jersey

A: Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in this matter.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I would suggest that you may need to talk to the bank through which you are attempting to refinance. Often times, in my experience, a bank will require both parties to sign something, even if one is not legally an owner. You may also wish to have an attorney draft a document that details that the home is titled only to you and that it is not subject to equitable distribution.

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