Legal Question in Family Law in Florida

In my marital settlement agreement states that "mother shall make arrangements within 6 months to remove the Father from all notes and liabilities on the property". In the event said is not done within 6 months, Father has the right to file a motion with the Court for relief". Due to my divorced and facing foreclosure when he left, I modified the mortgage through the Obama Home Modification Program; because of my credit I cannot assume the mortgage and I did not qualify for the HARP. He signed a quit claim deed, but I have not been able to remove him from the mortgage. My question is can he file a partition action or some sort of motion to remove me and the kids from my home?


Asked on 8/28/13, 12:51 pm

3 Answers from Attorneys

John Smitten Carey and Leisure

Yes he can do that. The fact that there are kids in the home is not relevant.

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Answered on 8/28/13, 1:06 pm
Brent Rose The Orsini & Rose Law Firm

Since he signed a quitclaim, he no longer has standing ("the ownership right") to file for partition. The only thing he could do is file a motion in divorce court to force you to refinance him off the mortgage. Many judges believe (and I think their right) that their is no right to file such a motion in divorce court, but some judges allow it. Even if it's allowed, you can't force you to refinance if no bank will refinance.

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Answered on 8/28/13, 4:09 pm
David Slater David P. Slater, Esq.

He can file but you have defenses.

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Answered on 9/04/13, 11:18 am


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