Legal Question in Real Estate Law in Florida
I refinanced my home under my name only in October 2013 and got divorced and is still on the deed to the home. She is also on the 2nd mortgage. I tried to take her off that but cannot unless I refinance and I can't do that since I'm underwater in value. The divorce papers list the mortgage and property under my name. If I plan on living in the house as long as I can will this cause any real problems now or down the road? She chose to move out and live in an apartment. I just want to know if she can come back later and decide that she wants the home now since the payments are lower.
2 Answers from Attorneys
Since she is on the deed, she is an owner. She can claim an interest in the property.
Your divorce decree should have dealt with the transfer of this property to you notwithstanding her name on the mortgage. Did the paperwork do that? If not, you may need to back to the Judge to get that done, otherwise as Mr. Slater says she can claim an interest.
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