Legal Question in Real Estate Law in Florida
Divorce and real estate
My husband was awarded the house in his divorce settlement. There is no equity and a sizeable second on the house. The mortgage is deducted from our joint account. We are unable to refinance and have his ex's name removed from the mortgage at this time. She refuses to quit claim her interest in the home to my husband. My father told me that if my husband were to die, his ex could come in and reclaim the house even if I had paid on it and my interest in the house would be lost even if his ex had not paid one cent. His ex lives next door and we are considering selling. We suspect that she will refuse to sign off on a sale. What are our options?
4 Answers from Attorneys
Re: Divorce and real estate
Record a certified copy of the final judgment in public records on the property. The final judgment should state that husband is awarded that property. That way you should not need a quit claim deed by ex-wife. The property is legally husbands since the final judgment so states. If he were to pass away whether with or without a Will, you would have protection and interest in property. I would need more information to comment any further on the degree of interest and protection.
Re: Divorce and real estate
The answer is not quite as simple as you may think. Simply recording the judgment may cloud the title rather than transfer it to you. You may wish to file a motion with the court to appoint a party to execute a deed on behalf of your husband's ex-wife if she continues to refuse to cooperate. Alternatively, the Court may enter a revised Order stating that the property is his if she fails to cooperate in signing a deed within a set period of time. A last resort might be to file suit to quiet title if for some reason the first two methods are not suitable in your situation.
There are various avenues to consider but would require more information from you to decide on your best course of action. As in any legal situation, your best course would be to seek the advice and services of a qualified attorney.
Scott R. Jay, Esq. 305-249-8000
Re: Divorce and real estate
I agree with Mr. Jay. Your options depend upon
the wording of the divorce judgment. You should
consult an attorney.
Re: Divorce and real estate
Your husband can file a motion with the court for the entry of an order compelling his former wife to execute a quitclaim deed so as to give effect to the divorce settlement already executed between the parties and accepted by the court.
The former wife's divorce attorney should be contacted and advised that the motion will seek all attorney's fees and costs incurred by your husband as a result of his former wife's refusal to execute the quitclaim deed required to give effect and comply with the property distribution agreement entered into as part of the settlement.
Seek the advice of qualified counsel and good luck.
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