In NJ, does the spouse have to sign the mortgage? I do not want to be on the mortgage, deed or title of the house

I have judgement against me and don't want to be listed on the mortgage, title or deed to the house. The down payment is coming from an account he has with his mother. His mother will co sign the loan. In NJ do both spouses have to sign the mortgage? I don't want my husband and mother in law to have liens put against the house because of what I owe (all inured prior to my marriage)
(0) | asked by: Mary Chaner | share | 4 months ago | Report
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answer by Melissa Haddad    |   Visit My Website   |   Contact Me
Hi. As I am not an attorney and cannot give legal advice, the answer to your question is no. Please give me a call with any real estate needs you may have.
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answer by James Lavin    |   Visit My Website   |   Contact Me
Hi - In NJ both spouses do not need to sign the mortgage. Please let me know if you have any followup questions.
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answer by Olivia Smolin    |   Visit My Website   |   Contact Me
I am not an attorney, so please do not interpret the following statements as legal advice. Only an attorney can provide you with legal advice. Generally, the name on Title indicates who the owner(s) is(are), according to the modality in which title is held. The name on the loan indicates who is liable for the payments. Being on the loan but not on title, only makes you responsible for a mortgage of a house that is owned by someone else. Viceversa, being on title and not on the loan, gives you possession (according to how title is held) but doesn't make you responsible for the loan. In the situation that you are describing though, creditors usually find a way to collect on judgements when the debtor has discoverable assets. I suggest you speak to an attorney to find out how to best protect your interest.
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