Legal Question in Real Estate Law in Florida

I have a situation about a home awarded to exwife and a quitclaim deed was never done at the time of the divorce in court. It is now about 8 years now since then. The house should have gone into foreclosure but never has I suppose. The exwife now is requesting a quit claim deed done. The real property was auctioned off and now I suppose there are proceeds from that sale of property. I quess I am between a rock and hard place on what I should do. Should I go ahead and quit claim deed the home to her? I just need to cover my self in this matter. Your help would be greatly appreciated.

Thanks.


Asked on 9/16/10, 8:48 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You need to read your divorce decree. If your ex wife was awarded the property, it should have been conveyed at that time. Do not sign anything without having an attorney review the document. Your ex can sue to quiet title in her name, but will have to prove that she is/was entitled to the property. Your question does not indicate who has been paying the bills for this property for 8 years. You may be entitled to some restitution if you kept the property out of foreclosure and/or maintained the property at your expense.

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Answered on 9/24/10, 9:56 pm


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