Legal Question in Real Estate Law in Florida

My wife has a divorce agreement with ex . She kept the house but because both names are on the property she agreed to refinance house by the year 2022 strictly for the sake of taking his name off the deed . By the word REFINANCE does it mean that she has to repurchase/ refinance that existing property or does it mean simply that She has to sell the property before 2022 ? we would like to sell the property and buy a different house under our name NOT refinance /redo another mortgage with this property .


Asked on 1/05/16, 3:43 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi and thanks for asking your question. The goal of the divorce agreement was to remove your wife's ex from responsibility under the mortgage. That would be accomplished through a refinance or a sale. Thus, there should be no problem with you selling the property. The sale would accomplish the same thing as a refinance - it would pay off the existing loan and release your wife's ex from any future liability.

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Answered on 1/20/16, 5:06 pm


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