Legal Question in Family Law in Florida
Divorce
Pending a divorce if one of the parties decide to give up his/her rights to ownership of a home/house and signs a statement to that affect, will this statement be valid and binding?
2 Answers from Attorneys
Re: Divorce
Has the divorce been filed? If it has been filed have your attorney draft an agreement for both parties to sign. If it has not been filed then draft an agreement have an attorney review it and have your spouse sign it. When you decide to file for a divorce you will need this document. However, once you get this document signed I suggest that you have the names changed on the home immediately, by way of quit claim deed or refinance the home. Quit claim deed removes the persons name from the deed but they are still responsible for the mortgage. Therefore, I doubt that your spouse would agree to this so you then have to refinance to remove your spouses name from the deed and the mortgage. Strike while the iron is hot, do this as soon as possible.
Re: Divorce
Carefully review the previous reply. If all is done correctly the answer is yes. But be sure to consult with counsel.
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