Legal Question in Real Estate Law in Florida

quitclaim validity re: indication of marriage

my mother and stepfather are in the middle of a divorce. when they seperated he agreed to sign over their marital home to her. 2 days ago she tried to make a mortgage payment and the bank would not let her stating that the house was frozen in bankruptcy proceedings (and we were never notified of this even though both names are on the mortgage and we reside in the home which if this is goes thru we will be evicted on 2/10). come to find out my stepfather has claimed bankruptcy and the bank is taking the house to pay off his debts. they say that the quitclaim he did to her in 4/03 was not valid because it did not state that they were married. they state that it is soley his property based on the previous quitclaim that my mom did to him in 10/95 however, if the marriage issue IS true and it was not designated on that one either wouldnt it also be invalid which if they are both invalid wouldnt that then leave us back and square 1 where they purhcased it together and both names were on the deed? also if it IS then joint property what will happen to the home in the bankruptcy? also my mother checked with the county and it is recorded soley in her name and although she didnt have a homestead yet they did let her file one yesterday. thx!


Asked on 1/28/06, 8:34 am

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: quitclaim validity re: indication of marriage

Your mother needs to retain an attorney very familiar with bankruptcy and real estate laws (family law would be a bonus). The issues your questions raise are numerous and not the type to be answered with one or two sentence via e-mail. Get her a lawyer without delay and good luck.

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Answered on 2/06/06, 9:57 am


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