Legal Question in Real Estate Law in Florida

My ex-husband and I owned a timeshare in Orlando, Florida. As part of the divorce settlement (8 yrs ago), I paid my ex-husband for his share of the timeshare and the attorneys were to record a quitclaim deed to remove his name. Now that I am trying to get rid of the property, I found out the quitclaim was never recorded and the property remains in both my name as well as my ex-husband's name. To add to this, I have remarried and have a different last name. My ex-husband and I have tried to both sign and notarize a quitclaim to give the property back to the timeshare folks, but I was unable to have my signature notarized since I no longer have an ID with my old name on it. Calls to our divorce attorneys have been completely ignored. So, what is the best way to handle this? Do I have my ex-husband quitclaim this to me in my old name so there is only my old name on the deed? And then, how I sell / give back the property at that point since it would then be in my old name? Also, is there a monetary impact if my ex-husband quitclaims the property to me since I have already paid him for it? Any advice regarding this would be immensely appreciated. Thank you.


Asked on 11/15/09, 11:26 am

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Try using your prior name "f/k/a" your current name on any deed you sign. For example: "Mary Smith f/k/a Mary Jones". That way the notary will be notarizing your name the way you have it now (Mary Smith), but the deed will also reflect your prior name (Mary Jones). It is done all the time.

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Answered on 11/20/09, 5:05 pm


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