Home Selling in Colts Neck>Question Details

Tony M., Home Seller in Colts Neck, NJ

In the state of NJ, does a spouse need the others spouses consent in order to sell a home?

Asked by Tony M., Colts Neck, NJ Thu Mar 3, 2011

Even if the first spouse is the only one on the deed and mortgage. This question pertains to both primary residence, investment property and second homes. Thank you

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Francesca Patrizio’s answer
To my knowledge from a real estate perspective, we only need the consent of the individual named on the deed. However, if there are other arrangements in your relationship this may not be the case. I'd suggest you consult with an attorney on this question.

Francesca Patrizio, Broker Sales Associate
732.606.2931 (Cell 24/7)
Web Reference: http://www.PatrizioRE.com
0 votes Thank Flag Link Thu Mar 31, 2011
Hey Tony,
How's everything going? I believe it is the case if both are your names are on the mortgage.

Peter G. Apicella
Realtor Associate
Prudential Zack Shore Properties
520 Washington Blvd.
Sea Girt, NJ 08750
0 votes Thank Flag Link Fri Mar 4, 2011
Tenancy in entirety is created automatically on primary. Even if purchased prior to union. Court will recognize spouse on primary but if they are not on secondary or investments then no. However that doesn't mean they can;t come after the money from the sale.

Get an attorney and may I suggest a savvy accountant before you anything...
0 votes Thank Flag Link Fri Mar 4, 2011
This is a legal question and should be addressed by an attorney Tony, but I will answer as per my understanding.
On a primary residence ownership is granted to the spouse as it's the Marital residence the answer is yes you need your spouses consent to sell that home.
Regarding the second home & the investment property if the spouse is not on the deed or the mortgage then the answer is NO you don't need your spouses consent to sell.
Again you should check with an attorney or possibly even a title company Tony. Good Luck!
0 votes Thank Flag Link Fri Mar 4, 2011

You really need to speak to an attorney. Realtors must get the signatures of the legal owners of the home to sign the contracts. There is a chance that you might be able to sell the house without the spouses signature if the title and deed are in your name but your assets are joined by law.
Speak to an attorney.

Val Gabela
0 votes Thank Flag Link Fri Mar 4, 2011
Speak to a lawyer, you will likely need one to close the transactions anyway. Having said that I am pretty certain the answer is "yes". Again, fairly certain New Jersey is a community property state, which means you must have your spouse's signature, but definitely check that with an attorney.
0 votes Thank Flag Link Fri Mar 4, 2011
Hi Tony
When listing a property all legal owners must sign the listing agreement when placing a property up for sale in order for it to be a valid listing. If for example, a spouse or co owner was not able to sign , the other party would need a power of attorney to sign on behalf of the other person.A power of attorney agreement can be arranged through an attorney. Consent to sell properties you personally own although you are married is a totally different issue. You should consult with an attorney to make sure you do the right thing & avoid problems later. When you are ready, if you need assistance selling your properties,please feel free to contact me.

Joan Congilose CRS,GRI, e-Pro
RE/MAX Central Manalapan
(732) 972-1000 x 364
(732) 232-5277
0 votes Thank Flag Link Fri Mar 4, 2011
Hi Tony,
I would recommend you speak to a Real Estate attorney. If you don't know of one, let me know, I have an excellent one I can refer to you.
0 votes Thank Flag Link Thu Mar 3, 2011
You never know how the other spouse will react, one thing for sure is if they think you are selling property out from under them, they will get an attorney, you need to do the same or you will be very sorry
0 votes Thank Flag Link Thu Mar 3, 2011
This is not intended to be legal advise and you should seek and attorney to verify. circumstances could differ.

As I know and understand

the primary yes
Second and investments no
0 votes Thank Flag Link Thu Mar 3, 2011

Although we realtors are somewhat versed in the matter you bring up, I don't think most of my colleagues would venture a response to your inquiry. I suggest you contact your attorney. Should you need assistance in determining the value for any of your properties, or staging your home, etc., feel free to contact me.

Good luck in this matter!

With friendly greetings,

Jerald Goldstein
Realtor Associate
Realty Executives Exceptional
732/740-8888 (m)
0 votes Thank Flag Link Thu Mar 3, 2011
Speak to your attorney, but I would say that only the ones listed on the deed matter. The names on the mtg are responsible to pay the loan with collateral being the property...but if one party on the mtg wants to sell & the other (named on deed) doesn't...it becomes complicated.

Ask a lawyer.
0 votes Thank Flag Link Thu Mar 3, 2011
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