Legal Question in Family Law in Florida

My wife was awarded our house in our divorce over three years ago. She has a quit claim deed removing me from it. She informed me in January of 2009 that she could no longer afford the payments and was walking away from it. My name is the only one on the mortgage. In order to save my credit, I moved back in after she left. The payments have never been late. What are my options to either take back the house or remove my name from the mortgage. Her refinancing is not possible due to her having very poor credit. Thank you.


Asked on 7/25/10, 7:49 pm

1 Answer from Attorneys
Carmen Demapan Blind Ear Law Group, PA.

As you have taken over the payments of the mortgage, has she indicated whether she would be willing to quitclaim deed the property entirely back to you? If she refuses to quitclaim deed the property to you and there's no way around removing your name from the mortgage, you may try to see if she will agree to place the house on the market and request that you get credit for all the payments you've made since you moved back into the house. She may argue however if she refuses to give you credits that you were staying in the house and paying the mortgage, which was more like paying rent towards the property. My best recommendation would be to see if she would agree to quitclaim the property back to you and you would thereby assume all responsibility for its upkeep, etc. Should you need further assistance, do not hesitate to contact me directly.

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Answered on 7/26/10, 12:40 pm


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