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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42184
Experience:  Texas Attorney for 30 years dealing in real estate
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My husband and I supposedly bought a shore house together,

Customer Question

My husband and I supposedly bought a shore house together, one that I brought to his attention, but at the closing he insisted it be in his name only. The lawyer (his) said all would be fine because I was given a pocket deed in both of our names. The deed in my husband's name only was the one filed. He asserted that this was necessary because we own the property next door together and if both properties were in both our names the lots would merge, making each one less valuable. Now, after I have spent hundreds of hours making measured drawings and designing the renovations (I am an architect) he has done a complete turnaround, saying it is HIS house. He has filled it with expensive furniture, planning to rent it out as I have with the first house next door. The difference is, I did the rental of house #1 for our marital income, so we could pay the mortgage and not lose the house. He wants to rent out house #2, "HIS" house, for the benefit of himself and his daughters only, and in direct competition for the same renters I am soliciting for house #1 for our marital income. He is pressuring me to surrender the pocket deed in exchange for providing me with life insurance! Long story short, I want to file the pocket deed and get it on record. How do I do that, and will it nullify the already filed deed in his name only?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA.You can file the deed here.It would have the effect of adding your name to the title here or at least clouding it.You have an equitable interest in this property regardless of whose name it is in in New Jersey. In a divorce the court would declare this martial property and you have a half interest.Filing the deed will prevent him from selling or transferring this without your consent. Thats probably why he wants to try and manipulate this.You may consider recording the deed here and claiming your interest in the property.I would consider doing this before he transfers it to someone else like his kids or relatives. You file this in the deed records of the county where property is located and they mail it back to you once recorded.I think you should do this to protect yourself. I appreciate the chance to help you today.I am so sorry you are having to deal with all of this.
Expert:  Ray replied 2 years ago.
I wish you the best here with this matter.