Legal Question in Family Law in Florida
Quit claim deed
My ex wife and I divorced 5 years ago. In 1997 I quit claim deeded our house to her.How do I get the mortgage compnay to release my name so I am not responsible for the loan.She will not try to assume or refinance in her name. I was going to take possesion of the house again,but found out thar she has taken a loan on the house for 20,000.I do not want to be responsible for that loan.Is there a way to refinance the house without adding in that loan,it has put a second lien on the house.Please help I would like the house back but not her loan.
1 Answer from Attorneys
Re: Quit claim deed
Based on the information provided, it seems that you transferred the real property to your former wife. You don't indicate whether you retained any interest. Therefore, she is the owner; you have no ownership rights. If the mortgage was previous to the transfer, you will be liable for payment of the loan; the mortgage company will not likely release you from the debt, and could foreclose against you and your wife if the mortgage is not paid. You should not be liable for the 20,000 second mortgage on the property.You are advised to consult an attorney to represent you with the mortgagee and former wife to resolve the issues without litigation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
