Legal Question in Wills and Trusts in Florida

should i sign a quik claim deed prior to my ex wife refinancing a house she won in our divorce settlement

are there any risks to me

i soley want to be removed from current mortgage and liability of loan

Asked on 12/11/12, 12:30 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Quit claim deed wont remove you from the mortgage and liability unless the mortgage company is agreeing to that or she is refinancing. If you are required to execute the deed, then you should do it.

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Answered on 12/11/12, 12:34 pm
David Slater David P. Slater, Esq.

Does the divorce decree require her to have your name removed from the mortgage? Will the lender agree?

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Answered on 12/11/12, 12:42 pm
Sanford M. Martin Sanford M. Martin, P.A.

Most divorces involving property and/or debts include a marital settlement agreement

which controls such issues. Whether the bank will agree depends on the qualifications

of your ex-spouse for a mortgage modification. If such signing is consistent with your

divorce terms including a marital settlement agreement, sign it.

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Answered on 12/11/12, 12:57 pm

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