Legal Question in Family Law in Florida

If I sign a quick deed over to my spouse do I have any legal right to the home? I live in Florida. I'm not legally separated at this time but I reside out of the said property. My mortgage company wants me to quick deed to spouse so he can restructure the loan. Mortgagee say's that I will have no rights to the home but would still be responsile for the loan Is this correct?

Thank you


Asked on 10/05/10, 7:15 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Depends on what the real situation is? ARe you getting a divorce. Did the court award the house to your spouse? If you are planning on staying married, you will lose the home if you qujit claim it to your spouse. You will have no rights. Your spouse can always restructure the loan under a refinance,even if you have no income. The morrtgagee is correct about the payment, as long as you are on the deed and the house is mortgaged, you will be responsible if he does not make the payments. However, that will also depend on whether this is part of a divorce settlement - if you divorce the spouse and he has refinanced the house, the could may give you the house or request that you be given the equity in the house as a lump sum settlement for alimony (depending on lengh of marriage). There are alot more things that need to be known before I can truly answser your question acurately.

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Answered on 10/11/10, 6:44 am


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