Legal Question in Real Estate Law in Florida

Removing name from deed after discharge of bankruptcy

I am divorced with a 9 year old child. In the divorce decree the house stayed in my ex-husband's and my name & I am allowed to live there until my child is of age. In the divorce decree it stated that my ex-husband could not impede the sale of the house or my obtaining a loan on the house. I pay the mortgage. He pays nothing. I put the house on the market and had a buyer. He then filed bankruptcy in the petition he listed the house and was discharged. I lost the buyer. I have also offered to buy him out. He is uncooperative. How can I get his name off of the deed? Since he has been released from financial responsibility for the house how can his name remain on the deed?


Asked on 8/04/99, 6:59 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Removing name from deed after discharge of bankruptcy

Your right is to live in the house until the child is of age. Your ex is not obliged to sell you the house. If you had or have additional right that could have been addressed in the bankruotcy proceeding. It could be addressed in further family court proceedings. In either case you need counsel. See your matriminial counsel or legal aid. You may additional documentation to establish rights other than whatyou have described. You may also send me additional email

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Answered on 8/25/99, 10:22 am


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