Legal Question in Family Law in Florida

My wife and I are about to file for a simple uncontested divorce. Tentatively, I have agreed to a cash by-out to quit claim deed the condo to her solely. What are my rights to live in that condo until the divorce is finalized? I will have signed the deed over at time of filing. Also, is any property not listed on the settlement papers fair game? Are there any divorce lawyers locally that offer free consultation to discuss my options? I live in Tarpon Springs, FL. Thank you

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Asked on 12/10/09, 8:49 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Do not sign anything over until the divorce is final. That would be a mistake, unless you are doing so for some other reason not disclosed in your post. If you sign the deed over, the condo is hers. You have no right to stay there. Remember as well, even though you may sign the condo over, you are still on the note so if she stops paying the mortgage, you can be sued for the debt.

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Answered on 12/16/09, 5:52 am


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