Full question:
I am a 17-year-old woman living in New Jersey. My husband mortgaged my property with my consent to secure a bank loan. But now he is not making payments on the loan. Am I liable for any bond executed in connection with that mortgage?
- Category: Marriage
- Subcategory: Minor
- Date:
- State: New Jersey
Answer:
In New Jersey, a spouse can mortgage the other spouse's property, with that spoue's consent. It doesn't matter that the second spouse is a minor, he or she is still liable on any bond connected to the mortgage if he or she consented to the mortgage.The statute that covers this is N.J. Stat. § 37:2-30, which reads:
“Any deed of conveyance or mortgage executed and acknowledged by an adult married person in conjunction with his or her minor spouse, if 17 years of age or older, conveying or mortgaging his or her, or their real estate, shall be valid and effectual notwithstanding the minority of such minor spouse at the time of such execution and acknowledgment, and any such deed or mortgage made shall be valid as if such minor spouse had at the time been of lawful age, and such minor spouse shall be liable on a bond or other obligation executed in connection with any such mortgage to the same extent as if such minor at the time of execution had been of full age, and any such bond or other obligation executed by any minor spouse shall be valid to the same extent.”
It looks like you are liable for any bond connected to the mortgage here.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
