Q: Does everyone on the mortgage loan have to be on the deed?
I have my husband and daughter on the mortgage loan but want only my name on the deed and was wondering if that is possible in Nj.
A: The simple answer is no. But anyone who may have an interest such as inchoate dower and inchoate courtesy would need to execute the mortgage. This is done so that in the event a foreclosure proceeding is instituted, everyone's actual and potential property interest is terminated.
A: Realistically in New Jersey, your daughter should not be on the deed, but your husband should be on the deed. If your daughter gets involved in litigation and there is a possibility that it could result in a lien being placed on your home. When in doubt about any legal matter or to determine if something could turn into a legal matter, you should always consult an experienced civil litigation or an attorney whose practice is in the area of law that your potential issue.
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