Legal Question in Real Estate Law in Florida
Ex-wife signed a quitclaim deed last month (7/1/11) to transfer her share of our home to me for a cash settlement. Just found out she had remarried before she did this and didn't tell anyone involved, and on the quitclaim deed it lists her as an unmarried person. Do I have a problem and is the new husband in any way a concern with this matter.
My divorce was final in Jan 2010, at which time the mediation agreement said my Ex was to get 50% of the valve of the home when sold. With the market the way it is we were getting any offers and I guess she got tired of waiting and contacted me saying she would take alot less then 50 %. So I got the paper work done and a judge OK'd the modification to the agreement concerning the house, and we did the quit claim deed. Everything else in the original agreement was already done, so with the deed being signed and her getting the cash I thought we were done,that is till I found out last Saturday that she had remarried. Then when checking the paperwork I noticed the item on the deed were it gives her name then says an unmarried person.
I'm very nervous about this cause I don't understand why she would hide the fact that she was married(4/1/11) when all this was going on.This was right before she contacted me(4/14/11) saying she would take a smaller share of the house valve if she could get it right then and not have to wait for the money from the sale of the home. Just very strange, I don't trust her at all. Don't want this coming back to bite me down the road if I do decide to sell the home. She and I were the only ones on the title and we owned the house free and clear.I ended up getting a small mortgage on the home to pay her off. Thanks for any help with this.
1 Answer from Attorneys
If deed stated or U record affidavit from disinterested individual that she did not reside on the property U bought, then U should be okay. Women are free dealers in Florida. They can buy & sell their own property w/o consent from their husbands. The one exception is Homestead. Prove it was not homestead & U should B OK or get her husband to sign a QCD.