Legal Question in Family Law in Florida
In my marital settlement agreement states that "mother shall make arrangements within 6 months to remove the Father from all notes and liabilities on the property". In the event said is not done within 6 months, Father has the right to file a motion with the Court for relief". Due to my divorced and facing foreclosure when he left, I modified the mortgage through the Obama Home Modification Program; because of my credit I cannot assume the mortgage and I did not qualify for the HARP. He signed a quit claim deed, but I have not been able to remove him from the mortgage. My question is can he file a partition action or some sort of motion to remove me and the kids from my home?
3 Answers from Attorneys
Yes he can do that. The fact that there are kids in the home is not relevant.
Since he signed a quitclaim, he no longer has standing ("the ownership right") to file for partition. The only thing he could do is file a motion in divorce court to force you to refinance him off the mortgage. Many judges believe (and I think their right) that their is no right to file such a motion in divorce court, but some judges allow it. Even if it's allowed, you can't force you to refinance if no bank will refinance.
He can file but you have defenses.
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