Legal Question in Family Law in Florida
quitclaim deed
want to refinance my home and filing for divorce the loan is under my name need my partner to sign the qtclaim deed so i can proceed with this. is this right or should i do an affidavitt and he signsfor it
2 Answers from Attorneys
Re: quitclaim deed
A Quitclaim deed between a married couple on marital property is the equivalent of taking money from the right pocket and putting it in the left. If money is to change hands between you and your spouse, You will want to either have an affidavit prepared or even better, a post nupital agreement addressing all aspects concerning sale of marital home.
Re: quitclaim deed
If the loan is in joint name with your spouse - better to wait until you have resolved all issues pertaining to the divorce to refinance (i.e., you have a marital settlement agreement or postnuptial agreement).
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