Legal Question in Real Estate Law in Florida

How can I sell my house with my ex-wife still on the deed if she will not sign off? She moved back to japan and is not a US citizen. Can I refi the house and force her off? She has made zero payments, repairs, improvements, etc.


Asked on 4/15/17, 8:21 am

2 Answers from Attorneys
Jean Winters Winters & Winters, PA

The first question is what the divorce marital settlement agreement states as to the division of property. Secondly, if you are to retain sole title under the agreement, you may need to file for partition. Refinancing the house will not help you.

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Answered on 4/15/17, 8:24 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your divorce decree needed to deal with this as to whether she retained an interest or not. You need to deal with the attorney who handled that for you or have another attorney review the paperwork.

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Answered on 4/15/17, 10:16 am


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