Is it necessary to change the title of my home from my maiden to married name prior to selling?

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Is it necessary to change the title of my home from my maiden to married name prior to selling?

Are there risks selling it under my maiden name? This house is a short sale.

Asked on March 20, 2012 under Real Estate Law, New Jersey

Answers:

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

Answered 8 years ago | Contributor

The risks associated with the sale are best asked to your attorney.  But having the proeprty under your maiden name should not be an issue at all.  You would have to execute an affidavit that just lists the names by which you have been known during your life time.  And changing the deed is a cost you do not need to incur in this situation.  Also, please make sure that the bank or mortgage lender is waiving the deficiency in the short sale.  Do not sign if they are not.  Good luck.


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