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New Jersey law is clear. When a husband and wife acquire title to real estate by deed, the presumption is that they take title as tenants by-the-entirety, unless the deed states otherwise.
In a common-law state, you can apply for a mortgage without your spouse. Your lender wont be able to consider your spouses financial circumstances or credit while determining your eligibility. You can also put only your name on the title.
Utilizing a revocable trust is the best way for a married couple to take title. Titling property in your trust avoids probate upon the death of both the initial and surviving spouses and preserves the capital gains step up for the entire property on the first death.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
If you own a home with your spouse, you want to ensure your interest in the property is protected. Thats why some married couples choose tenancy by the entirety an ownership structure that provides both spouses with an equal right to the property.
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The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
California mainly uses two types of deeds: the grant deed and the quitclaim deed. Most other deeds you will see, such as the common interspousal transfer deed, are versions of grant or quitclaim deeds customized for specific circumstances.
Married Womens Property Acts, in U.S. law, series of statutes that gradually, beginning in 1839, expanded the rights of married women to act as independent agents in legal contexts.
Utilizing a revocable trust is the best way for a married couple to take title. Titling property in your trust avoids probate upon the death of both the initial and surviving spouses and preserves the capital gains step up for the entire property on the first death.
If you are married but wish to be the sole person on a title, your spouse needs to consent and relinquish all rights. Your title should ready a married man/woman, as his/her sole and separate property.

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