Legal Question in Real Estate Law in Florida

I'm divorce and live with my 3 daughters. Only my ex-husband's name is on the mortgage. The house was going into foreclosure but he sign over a quick claim deed to me. I've been paying the mortgage since he sign it over to me. My question is how can I modify the loan and when the house sells is he entitle to any moneys from the sale. In my divorce decreed it states The parties jointly own the real property located at: XXXXXXXXXXX . That pending the sale of the residence as further set forth below the wife shall have the exclusive use and possession of the residence free from any claim or demand of the husband. The husband shall be responsible for the payment of and he shall indemnify and hold the wife harmless from any liability for any and all costs associated with the subject residence, including but not limited to mortgages equity lines credit lines taxes insurance maintenance and repairs and he shall be solely responsible for the payment of same.

Asked on 5/05/10, 9:30 am

1 Answer from Attorneys

The mortgage, the divorce and the Quit Claim Deed are three separate matters.

Your husband is still technically obligated to pay the lender under the mortgage regardless of what the court decree states and regardless of the Quit Claim Deed.

If you were not part of the mortgage, you really have no say so under that document. In fact, the Quit Claim Deed to you may be sufficient under the mortgage for the lender to accelerate the loan (ask for immediate payment of all of the debt). However, the real estate market being what it is the Lender probably won't accelerate and you may consider approaching them to refinance the loan under your name since you are now the rightfull owner of the house because of the Quit Claim Deed. Or, you can refinance with another lender and pay the first loan off.

You don't state the divorce decree says anything about a sale of the house nor your x-husband transferring the house to you. You have also taken over some of the responsibilities imposed by the court unto your husband. Therefore, the answer to your question of whther your husband is entitled to sale proceeds would more appropriately have to be answered by the court that issued the divorce decree.

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Answered on 5/10/10, 9:56 am

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