If my wife and I purchased a house together several years ago and the deed says that the property was conveyed to “husband and wife”, when we go to sell do we convey the deed as husband and wife even though we are now divorced?

We are now divorced and still own the home together and plan on selling the home.

Asked on September 13, 2012 under Real Estate Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am assuming that it also mentions you by your given names, correct?  The reason it said "husband and wife" was to ensure that if one of you passed the other inherited the property automatically under the law.  As long as you are both conveying the new deed to the new owner you can just dign your names.  Good luck.


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