Legal Question in Family Law in Florida
Divorce/foreclosure
A couple get divorced, and in the divorce decree, the husband gets the house. The decree states that he is solely responsible for the mortgage and is required to refinance the house within six months into his name alone. He fails to do this, and stops paying the mortgage. The house gets forclosed upon, and the wife recieves the forclosure paperework, and her credit gets adversely affected. Does she have any legal recourse to remove this from her credit since the divorce decree (a legal document accepted by the state of Florida) releases her from the mortgage? I don't understand how if the husband sold the house for a hefty profit the wife would recieve nothing, but if he stops paying the loan, she is held responsible. The divorce decree includes a quit claim clause which she would have had sign when the husband either sold or refinanced the house.
2 Answers from Attorneys
Re: Divorce/foreclosure
The divorce decree does not change her liability on the mortgage.
Re: Divorce/foreclosure
She can sue her ex-husband.
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