Legal Question in Family Law in Florida
Is my home in jeaprody?
My husband and I are splitting up. He and I filed a Quit/claim deed at the court house in Ocala, fl before he left for Ohio. The document deeds the house and property over to me alone. My Question is, when I file for divorce will the home and property still come into play in the settlement? Do I even have to mention it, since he did this voluntarily?
2 Answers from Attorneys
Re: Is my home in jeaprody?
Not that I see. His quit claim deed transfers the property to you. If he is on the mortgage, he is still on the hook unless the mortgage company let's him off. Fat chance. It appears you may be filing yourself and if it is uncontested the packet will include your husband's answer, not contesting it and also a property settlement agreement and you can spell out there that you get the real estate. What about the marital debts? They must be addressed too. All this pre-supposes no children of the marriage. If you have children, a lawyer would be your best bet.
Re: Is my home in jeaprody?
His quitclaiming the house to you does not make it nonmarital property. In other words, in the divorce, you both still own the house. You still must mention it, and it still comes into play in your settlement. However, you do have a very strong argument that, as part of any settlement, he intended you to have the house.
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