Legal Question in Real Estate Law in Florida

is my house at risk

My ex husband's name is still on the mortgage and the deed. He has alot of creditors since he's charged his credit cards to the max (I am not on any of his accounts) and we are divorced. I live in the house and pay the mortgage on my own (with no financial help from him). Do I have to worry that my house might be taken away from me or there would be any repercussions from his outstanding debts. He is planning on filing bankruptcy - do I have to worry that my house might be affected by any of this. I live in Broward County, Florida.


Asked on 12/12/07, 9:43 am

6 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: is my house at risk

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.

No. If your ex-husband's name is only on the mortgage and NOT on the Deed you have nothing to worry about. You need to check and make sure that at the time of the divorce, you received a quit claim deed from your ex-husband. If so, then the property is yours and his creditors will never have any claim against you or the property. Even if his name was on the property, as long as it is your homestead it is protected and cannot be touched by creditors.

Scott R. Jay, Esq.

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Answered on 12/12/07, 10:03 am
Scott R. Jay Law Offices of Scott R. Jay

Re: is my house at risk

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.

No. If your ex-husband's name is only on the mortgage and NOT on the Deed you have nothing to worry about. You need to check and make sure that at the time of the divorce, you received a quit claim deed from your ex-husband. If so, then the property is yours and his creditors will never have any claim against you or the property. Even if his name was on the property, as long as it is your homestead it is protected and cannot be touched by creditors.

Scott R. Jay, Esq.

Read more
Answered on 12/12/07, 10:03 am
Scott R. Jay Law Offices of Scott R. Jay

Re: is my house at risk

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.

No. If your ex-husband's name is only on the mortgage and NOT on the Deed you have nothing to worry about. You need to check and make sure that at the time of the divorce, you received a quit claim deed from your ex-husband. If so, then the property is yours and his creditors will never have any claim against you or the property. Even if his name was on the property, as long as it is your homestead it is protected and cannot be touched by creditors.

Scott R. Jay, Esq.

Read more
Answered on 12/12/07, 10:03 am
Scott R. Jay Law Offices of Scott R. Jay

Re: is my house at risk

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.

No. If your ex-husband's name is only on the mortgage and NOT on the Deed you have nothing to worry about. You need to check and make sure that at the time of the divorce, you received a quit claim deed from your ex-husband. If so, then the property is yours and his creditors will never have any claim against you or the property. Even if his name was on the property, as long as it is your homestead it is protected and cannot be touched by creditors.

Scott R. Jay, Esq.

Read more
Answered on 12/12/07, 10:03 am
Scott R. Jay Law Offices of Scott R. Jay

Re: is my house at risk

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.

No. If your ex-husband's name is only on the mortgage and NOT on the Deed you have nothing to worry about. You need to check and make sure that at the time of the divorce, you received a quit claim deed from your ex-husband. If so, then the property is yours and his creditors will never have any claim against you or the property. Even if his name was on the property, as long as it is your homestead it is protected and cannot be touched by creditors.

Scott R. Jay, Esq.

Read more
Answered on 12/12/07, 10:39 am
Scott R. Jay Law Offices of Scott R. Jay

Re: is my house at risk

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.

No. If your ex-husband's name is only on the mortgage and NOT on the Deed you have nothing to worry about. You need to check and make sure that at the time of the divorce, you received a quit claim deed from your ex-husband. If so, then the property is yours and his creditors will never have any claim against you or the property. Even if his name was on the property, as long as it is your homestead it is protected and cannot be touched by creditors.

Scott R. Jay, Esq.

Read more
Answered on 12/12/07, 10:39 am


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