Deana502, Home Seller in West Caldwell, NJ

The deed on my house shows only my late husbands name, will I have a problem when I go to sell the house.

Asked by Deana502, West Caldwell, NJ Tue Jul 17, 2012

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Victoria Stout & R. Bailey-Lemansky’s answer
Hi Deana,

My husband also passed away. Before selling my home, it was necessary to take his name off the deed. You will need to do the same. The attorney who helped you with the estate can help you do this, or, if you prefer, I can recommend attorneys who can help you with this.

By any chance, were any trusts set up after your husband's death? If so, and if you put the house in the trust, your deed should reflect that change also. I would be happy to help you with any other questions you have with respect to your upcoming home sale. I myself live around the corner in Roseland and know the Caldwell area well.

I look forward to hearing from you.

Best regards,

Vicki Stout
Keller Williams Suburban Realty
1 vote Thank Flag Link Tue Jul 17, 2012
Typically when you own a home husband and wife, you own it in what is known as tenancy by entirety which is a form of joint tenancy. With this type of tenancy there is a right of survivorship which essentially means that if your husband were to pass the property would go 100% to you.
0 votes Thank Flag Link Thu Nov 21, 2013
Your attorney will handle this for you, and tell you what paperwork you will need (death certificate to start with) - nothing to worry about.....give Stuart Minion a call - he is a wonderful real estate attorney - his office is close to you in W. Caldwell on Clinton Ave. - (973) 882-2424

Best wishes............
0 votes Thank Flag Link Sun Jul 22, 2012
You may talk to an attorney. An attorney will take care of this matter. good luck.
0 votes Thank Flag Link Fri Jul 20, 2012
Consult with a local title/escrow company in the area. They can run a title check before you put our home on the market to ensure your title is clear for you to sell. Taking care of these issues on the front end will ensure a smooth transaction once you have began marketing your property.
0 votes Thank Flag Link Fri Jul 20, 2012
Hi Deana
This is not something you should worry about. If you have an attorney he or she will take care of it. If you don't have an attorney we use Mike DeMiro Jr.for all of our real estate snd estate transactions. He is in Verona 973-857-5100. If you have any other questions feel free to call me. I have lived in West Caldwell for thirty years.

Thank you
Sandra Bolcar
REMAX Village Square
Montclair NJ 07042
0 votes Thank Flag Link Wed Jul 18, 2012
Not if you own it. Haha....All kidding aside, I think Victoria sounds like a great resource for you. I am in VA, and here, I typically have a title attorney review the title and clear anything of concern. Whether there is a will or how it was "left" to the heirs can impact what is involved and who needs to sign the contracts, etc. It shouldn't be too complicated. Best of luck to you.
0 votes Thank Flag Link Tue Jul 17, 2012

You should be able to remove his name from the deed prior to you selling the home - this way there's no delay when it comes time to close on the home. I'm not sure of the entire process involved but I do believe after my mom passed away, my dad changed the deed to his name only. You would need to provide the county and/or clerk where the deed is filed with certified copy of the death certificate and there may be some type of filing fees involved.

If you'd like you can send me an email and I will ask my dad how he went about handling it and get back to you or you can comment on here and I can still ask him and post the reply. His home in Essex County too so the deed would have been recorded in the county as your home. If you want to email me, my email is

Gina Chirico, Sales Associate
Lattimer Realty - Fairfield Office
973715-1158 Direct Cell
973-575-6353 ext 17 Office
0 votes Thank Flag Link Tue Jul 17, 2012
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