Legal Question in Real Estate Law in Florida

I need some help from someone. I am going to try to explain this situation as best as I can.

I own a house with my ex. We split up a little while back after buying a house together, we were never married but both of our names are on the mortgage. I moved out and left him the house. The house right now is unable to be refinanced because he owes more than the house is worth. Is there any other way of getting my name off of the mortgage?

I am now engaged and will soon be married, if we were to buy a home together, would the fact that I am on my ex�s mortgage affect my new home at all? Say my ex foreclosed on his house, would the bank be able to do anything to my new house since I am on the mortgage too?

Or.. What if my husband was to only put the new house under his name after we are married, would the bank be able to do anything to our new house even though I am not on the new mortgage?

Thanks in advance for any help that you can offer.


Asked on 7/31/10, 8:57 am

2 Answers from Attorneys
Shelly Schellenberg MI & FL private practice

You and boyfrnd are both responsible for the mortgage till it's paid off

If house is forclosed you both owe for any deficiency

You will be smart to get lawyers help before buying another

To avoid bank no 1 from attaching your assets

Smart to do this before getting married

Need to get either release or partition on house/liability

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Answered on 8/05/10, 9:14 am
Lesly Longa Longa Law P.A.

I am sorry to hear about this. For the next house, I recommend that you wait until you are married to purchase it so that it is owned as a tenancy by the entirety. As it stands now with the home you own with your ex, you both are responsible for the mortgage, which means that the lender will go after you both for any deficiency. Getting removed from the mortgage may be tricky. If he is having a financial hardship, he can try to get a loan modification. You should speak to a lawyer about a release, sale, or partition because there are going to be issues. If your ex defaults and it goes into foreclosure, hire an attorney to defend it and request mediation so you and your ex can try to work it out with the lender. Regards,

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Answered on 8/05/10, 9:56 am


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