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husband's name is on only on deed!

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my husband purchased our home 4months before we were married he used monies from our joint checking account to purchase home and only his name is on the deed. my husband recently just took out a home equity loan and i am listed as co-signor to the loan.now we are contemplating divorce what legal action do i have if my husband forecloses on the house or sells the house or if i move out of the home into my own apartment?because my name is not on the deed but i did co-sign the home equity loan!!!!!!!!!!!!
i live in new jersey.


Senior Member
from my own personal experiences.

the house was bought with joint monies. you were married. when you get married - there is no his and mine (without a prenup), only ours. his name is the only one on the deed? this would be a toughie and i am no lawyer.

i do know that when we divorced my ex had to sign a quick claim deed that i filed with the court house. it released any interest or claim on the house to him or any of his heirs. now the mortgage was something all together different. we were still both responsible for the mortgage. we were both listed on it. the only way to change that was to refinance the house.

do you want to try and keep the house after the divorce or do you want to let him have the home? if you want to keep it, you have a good chance of it. it is marital property - vested interest (your money was used to). if you want to give him the home - push for him to refinance the home and to remove your name from all financial papers. and check to make sure that he has done so. the finance dept may need copies of your divorce papers, the front page and the page dealing with the house, along with a quick claim deed. just be sure to follow up on it.

he let's the house go back and doesn't make the payments he is messing with your credit rating. they can come after you.

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