Quitclaim Deeds and Divorce in New Jersey - Christine Matus

From The Matus Law Group - Quitclaim Deeds and Divorce in New Jersey explores how property ownership can be transferred between divorcing spouses and why a quitclaim deed may carry significant legal and financial risks. This episode examines the difference between a quitclaim deed and a warranty deed, explains the roles of the grantor and grantee, and highlights why transferring title does not automatically eliminate responsibility for a mortgage note.

The discussion takes a closer look at the crucial distinction between property ownership and mortgage debt in a New Jersey divorce. Listeners will learn why a departing spouse can remain financially responsible for a joint mortgage even after signing away ownership rights, potentially facing damaged credit, difficulty obtaining new loans, or foreclosure consequences. The episode also covers refinancing, cash-out refinancing, and escrow agreements as ways to address mortgage liability while protecting both spouses during a property transfer.

The episode also walks through the New Jersey quitclaim deed process, including drafting the deed, identifying the grantor and grantee, providing an accurate legal property description, stating consideration, obtaining proper notarization, and recording the deed with the appropriate County Clerk or County Register of Deeds. It discusses New Jersey’s Realty Transfer Fee (RTF), the divorce-related 90-day exemption period, Marital Settlement Agreements, Judgments of Divorce, and potential Family Court remedies when an ex-spouse refuses to complete a required property transfer. Alternatives when refinancing is unavailable—including selling the home, delaying a sale, and possible FHA, VA, or USDA mortgage assumptions—are also addressed.

Finally, the episode introduces Christine Matus, founder and owner of The Matus Law Group, whose background includes a Bachelor of Arts in Economics from Rutgers University and a J.D. from Touro College. Her professional and community involvement includes the New Jersey Bar, U.S. District Court of New Jersey, New Jersey State Bar Association, Ocean County Bar Association, 21 Plus, MOCEANS, Ocean County YMCA, and service as a mediator for the Superior Court of New Jersey. For those navigating divorce-related property transfers and seeking guidance about deeds, mortgages, and their financial future, The Matus Law Group can be reached at (732) 281-0060.

The Matus Law Group
81 E Water St #2C, Toms River, NJ 08753
(732) 281-0060
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