Legal Question in Family Law in Florida

Own home with soon-to-be-ex and need to get rid of debt. How simple is this?

My wife and I bought a house a few years ago. We've agreed she will keep the house. However, I would like to buy another house within the next year or so, but my credit will reflect the debt owed on my soon-to-be ex's home. How can I get rid of the debt on my credit report? Will my soon-to-be have to refinance the house in her name only? Or can the court order her to be sole owner of the house, thereby releasing me from any financial responsibility for the house? In simplest terms I would like to get rid of the debt.


Asked on 9/12/04, 6:37 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Own home with soon-to-be-ex and need to get rid of debt. How simple is this?

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.

Unless the lender will voluntarily agree to have your name removed from the mortgage, the only way to have your name removed is to have your wife either sell the property and pay off the mortgage or for her to refinance the mortgage and pay the original mortgage. Remember that the mortgage company is not a party to the dissolution and is not bound by any decision made by the court in the dissolution.

Scott R. Jay, Esq., 305-249-8000

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Answered on 9/12/04, 9:02 pm


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