Legal Question in Real Estate Law in Florida

Divorced- Can't find spouce to Quick claim deed to home.

I was awarded our home in the divorce. Both names are on the deed and my ex-husband is nowhere to be found. The financing is only in my name. What can I do to get his name off the deed without finding him? I can't sell the house without the quick claim deed right?


Asked on 2/21/05, 4:36 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Divorced- Can't find spouce to Quick claim deed to home.

Contact a title company. The court order should be sufficient depending on the terminology used. If not, they can advise what you need.

Read more
Answered on 2/21/05, 7:36 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Divorced- Can't find spouce to Quick claim deed to home.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You should go back to the Court and ask the Judge to enter an order either awarding the property to you directly without the need for a Quit Claim Deed or in the alternative, appointing an Attorney/Administrator Ad Litem with the express duty to act in your spouse's behalf to sign the Quit Claim Deed.

This is a complicated procedure and you may find it adviseable to hire a qualified attorney to represent you in this matter.

Scott R. Jay, Esq., 305-249-8000

Read more
Answered on 2/21/05, 9:04 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida