Legal Question in Real Estate Law in Florida

My ex & I were together for 4 years when I got pregnant, we bought a house in April 2010 & put the mortgage & deed in both our names; we split in december because he wasn't contributing AT ALL & now I need him off the deed & mortgage. The problem is he won't sign a quit claim deed unless I sign something saying I will never go after him for child support of our twin boys...how can I get him off the mortgage & deed, keep my house, & still get child support?


Asked on 1/16/11, 9:08 am

3 Answers from Attorneys
Richard Kaplan

A Judge can order it, but you have to court to do it.

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Answered on 1/21/11, 10:45 am
Shelly Schellenberg MI & FL private practice

He can sign away his rights to the property, but your lender does not have to let him out of the debt if he also signed the note, which is the promise to pay. The mortgage is only the lien that secures the note. You need an attorney. If you were married, you need a divorce that settles all the debts and support payments between you.

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Answered on 1/21/11, 5:39 pm
Frank J. Pyle Probate Attorney Throughout Florida

The right to child support in effect belongs to the child. Your signing such a document should not prevent you from obtaining child support just as if you never signed it.

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Answered on 1/21/11, 6:46 pm


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