Legal Question in Family Law in Florida
Does my husband have to sign a quit claim deed on a piece of property in order for his ex wife to refinance the mortgage in her name only? My husband's divorce was final in Florida in 2005. In the marital agreement, he agreed and did sign a quit claim deed on a piece of rental property that has a mortgage in his name. Although it wasn't stated in the divorce decree, his ex said she would refinance the mortgage in her name after the deed was signed. In the agreement it states "Wife shall assume all liabilities associated with the foregoing real property and shall hold husband, harmless and indemnify husband for any liability that he might accrued with regard to the real property located at "address". Does that cover a mortgage, also? So far she has never refinanced but has been taking care of the mortgage payments & all expenses for the home in a timely manner. She now says her credit is repaired and she wants to refinance but lost the signed quit claim and wants him to sign another. We looked through all the papers and he also doesn't have a copy of the signed deed. At this point, should he retain legal counsel? sign another quit claim? He wants to do the right thing but is skeptical about her intentions. Before we make a bad decision, what would be the right course to take? Thank you so much for your time
2 Answers from Attorneys
She will need the title in her name to be able to refinance so I would recommend executing another deed. With that said you should deed the property to her when she actually has an approved refinance and is ready to close the deal. Contact my office for free consultation 727-446-7659.
The quitclaim deed should have been recorded with the county. Check the county records to see if it was recorded.
The "hold harmless language" makes her responsible for the payments and liability of the property but is separate from a requirement to refinance. The lender decides whether she is eligible to refinance.
If she can refinance and the quitclaim was never recorded and cannot be found, do not quitclaim before the closing.
Natalie Hall, Esq.
www.ndhlaw.com
(407) 412-7035
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