Legal Question in Real Estate Law in Florida
Buying a home during the divorce process?
I am in the process of buying a different home for myself. I am in the process of a divorce and my wife has possession of our home. I have prequalified already for the other home. Can I quit claim our home to her and be off the hook of any responsibility? and why does she have to sign on the new mortgage?
3 Answers from Attorneys
Re: Buying a home during the divorce process?
Not if you signed the note.
Re: Buying a home during the divorce process?
If you both signed the mortgage, you are both liable on the mortgage. A Divorce does not change this-only an agreement with the Bank or mortgage holder relieving you of liability will protect you from any responsibility. The usual way to accomplish this is refinancing where you are not on the deed, mortgage or note.
Re: Buying a home during the divorce process?
In Florida, the mortgage company always has the wife sign the new morgage on a home. Otherwise, their mortgage is of limited, if any, value. Separation or pending divorce does not change that.
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