Legal Question in Family Law in Florida
property and divorce
My brother and sister-in-law recently got divorced with online forms and then in front of a judge. She left him for another man. She said that she wants nothing to do with their house. He had the house before they married but they refinanced and her name is on it. He can't refinance because his credit is not good because she left him with all of the bills. Is there a form that she can sign saying that she wants no claim to the house and then have it notorized? He is afraid that if he decides to sell it that she will want proceeds or want the house herself.
1 Answer from Attorneys
Re: property and divorce
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.
The former wife needs to sign a Quit Claim Deed in favor of her ex husband. It must be properly prepared and executed in the presence of two witnesses and a notary public. It then must be recorded in the Public Records of the county in which the property is located. By doing so, the ex wife is giving up all claims to the property in favor of the ex husband.
Scott R. Jay, Esq.
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