Legal Question in Real Estate Law in Florida
Quit Claim Deed
I am in the process of getting a divorce in Seminole County Florida. My husband is keeping the house and I plan on signing a quit claim deed. I understand that by signing this I am giving up my rights to the house but am still financially liable? Is this correct? If he starts to miss payments then it will affect my credit? Is there any way to prevent this or perhaps remove my name from the mortgage?
1 Answer from Attorneys
Re: Quit Claim Deed
If your name is on that house and the mortgage and you then record a quick claim deed then you have just given up your rights and interests to that property but you are still responsible for the payments. To remove your name from the mortgage your husband would have to refinance. This should be part of the divorce. Require him to refinance by a certain time frame to remove your name from the mortgage and then you can file the deed. Not a moment sooner.