however, in some states, it is required that when a married person buys property alone, the souse needs to sign off on the purchase, typically through a quit claim deed.
But you may want to check with your attorney to see how you can get this done under the circumstances.
On another note, since you are married to an illegal alien, are you also consulting an immigration attorney to petition for a change in his status?
Good luck to you.
In NJ you are not require to have your spouse's signature to purchase a house however if it is your marital home you will need both signatures to resell. Also, unless you have a reason for not filing you can obtain all the information for concurrent filling of Form I-485 and Form I-130 to obtain permanent residence for your husband. As a U.S. Citizen it will only take you about a year to complete assuming you send all the required paperwork in a timely fashion. I know cause I just went through it for my husband without the help of a lawyer. Check out http://www.uscis.gov/ for more info on that. Feel free to contact me if you have additional questions.
Saida Jeudy, MBA, Realtor
Keller Williams Princeton Real Estate
In Ohio, a spouse must sign off on the Mortgage, even tough he or she has no relationship with the purchase, lender, seller, etc. So, if NJ has a similar rule, then your spouse would need to sign.
I agree with the other responses that you need to contact an immigration attorney to try to attempt your spouse's illegal alien status.
If you qualify on your own, than stay on your own. The Banks will not allow an illegal alien on an Federal papers (The Note, Deed, or Deed of Trust).
Please verify all advise you get through an Immigration Attorney.
Best of Luck! -Pat
You need advice from an immigration lawyer or expert, not a realtor. You have to forgive my ignorance, but if the two of you are married and you are a US citizen, shouldn't he be automatically be eligible for a green card? At least that's how it was when I arrived here in the US and I hope it is as easy to solve for the two of you as well.
Jacobus "Jack" Vollenberg
RE Appraiser - Vollenberg Appraisers
Realtor/REO Asset Manager
Office (908) 968-0336
Cell (973) 590-0142