Legal Question in Real Estate Law in Florida

Re: Quit Claim Deed through Divorce/Property Back to Him through Mother's Estate

Your former husband gave up any right he had in the property when he signed the deed to you. However, he wasnt the only one who held an interest in it...his mother did also. During her lifetime she had the right to sell or give away her interest. Likewise,her estate has the right to distribute her interest to anyone...that includes her son...sorry, no windfall for you.

Mortgage not Interest in Land

FACTS: Ex. and I bought a house; his mother financed and held mortage. We divorced; he quit claimed the home to me. She died; he is going to inherit the mortgage.

Q. Is this mortgage discharged as a result of the quit claim deed which states he "gives up all right to property forever"?

A. No. A mortgage is not an interest in land and your ex. had no interest in the mortgage and did not give up any rights to his mother's mortgage. He has now acquired a new right which, if you don't pay, may lead to an interest in the home thru foreclosure. The quit claim deed does not operate or relate back to the time when he negotiated the divorce settlement.

Re: Quit Claim Deed through Divorce/Property Back to Him through Mother's Estate

No.