Legal Question in Real Estate Law in Florida

house under both names

My ex and I purchased a home, he did not place any money down toward the house and all of the finances have been provided by me. He refuses to sign the deed so that I could refinance the house and get the mortgage out of his name, since it was placed in his name because he had better credit, but both names are on the deed. he has threated to partition the house which I feel it is unfair to give him a penny of the house when I paid all the money to purchase it and have maintained the mortgage payments for the past 4 years... what is my legal position and chances of obtaining a court to order him to sign the deed so that I can refinance the house.


Asked on 10/27/07, 6:18 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: house under both names

Your ex what? You may have to bring an action to quiet title. A partition action would also determine if he is entitled to anything

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Answered on 10/27/07, 6:47 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: house under both names

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If he is your ex husband, the the ownership of the house should have been decided during the course of the divorce. If not, you will have to go back to the divorce court and have a determination made.

If you were not married, then by placing his name on the deed, you made a gift to him and he argueably has a equal interest in the property. You each own and undivided 1/2 interest. If you cannot agree, then you will have to file suit for partition to determine the rights of ownership of each of the parties. Without knowing more of the specifics, it is impossible to say what your chances of success may be but they could be substantial although he will probably be entitled to some compensation.

Scott R. Jay, Esq.

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Answered on 10/27/07, 11:17 pm


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