Legal Question in Real Estate Law in Florida

Ex-wife threatens sale of jointly owned home--Options?

FACTS: Ex-wife & I built home while married; I paid down payment & closing costs from money I acquired before marriage; divorced and I was awarded house; She refuses to sign quit claim deed until her name off mortgage; bank will not take her off mortgage; She is threatening sale through court.

Q. What are my options?

A. Your options are to refinance thru a different lender or buy her out either before or after a "Partition Sale". In a partition suit, you should get credit for the downpayment and other monies that you paid but you will still have to out-bid her at the sale. She will get some money but will have to contribute to the atty. fees and costs for bringing the action and forcing the sale.

Bye-the-bye, the bank can't take her off the title; only the court or your ex can do that.

Try offerring her some money for a Quit Claim Deed. If she agrees, then you don't have to refinance. The bank has no say whether she is on the deed or not; they only control the mortgage.

Re: Divorce and Quit Claim of Home

You didnt say wheather you were awarded the ownership of the house or simply its possession. If the former, your attorney can get a supplemental order from the court transferring title to you. If the latter, she may be aqble to compel the sale. The final decree must be examined. Contact your divorce attorney.