Legal Question in Family Law in Florida

divorce and real estate law

I am trying to come to a settlement with my wife for divorce. I need to know if I give her the house and the boat($80K) and its decreed that she has all interest in both, can the mortgage companies come after me if she doesn't make payments on either/ files bankruptcy?


Asked on 11/11/07, 2:12 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: divorce and real estate law

if you signed the mortgage note, yes.

Read more
Answered on 11/11/07, 2:30 pm
Stanley Miller Stanley M. Miller, P.A.

Re: divorce and real estate law

Very simply yes. Your attorney may be able to help you lessen the problems.

Read more
Answered on 11/11/07, 2:31 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: divorce and real estate law

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.

Yes, if you signed the promissory notes for both the house and boat, then you are responsible if she defaults. The lenders are not a party to your divorce and will not release you just because you give the items to your wife. Your best scenario would be to get your wife to refinance both items as part of your settlement to remove your liability if that is feasible.

Scott R. Jay, Esq.

Read more
Answered on 11/11/07, 3:15 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida