Legal Question in Real Estate Law in Florida
Divorced- Can't find spouce to Quick claim deed to home.
I was awarded our home in the divorce. Both names are on the deed and my ex-husband is nowhere to be found. The financing is only in my name. What can I do to get his name off the deed without finding him? I can't sell the house without the quick claim deed right?
2 Answers from Attorneys
Re: Divorced- Can't find spouce to Quick claim deed to home.
Contact a title company. The court order should be sufficient depending on the terminology used. If not, they can advise what you need.
Re: Divorced- Can't find spouce to Quick claim deed to home.
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You should go back to the Court and ask the Judge to enter an order either awarding the property to you directly without the need for a Quit Claim Deed or in the alternative, appointing an Attorney/Administrator Ad Litem with the express duty to act in your spouse's behalf to sign the Quit Claim Deed.
This is a complicated procedure and you may find it adviseable to hire a qualified attorney to represent you in this matter.
Scott R. Jay, Esq., 305-249-8000