Legal Question in Wills and Trusts in Florida
my name on the deed
my ex-fiancee called to tell me that my name is on the deed to a house he bought 10 years ago. he is trying to refinance it but cannot until i sign papers releasing my name from the deed. my name is not on the mortgage. am i entitled to any money from that house? when i lived there with him i paid for half the mortgage. if i am entitled, how do i go about collecting the money?
2 Answers from Attorneys
Re: my name on the deed
Althought your equitable lien for mortgage payments made has expired he may agree to compenste you for your cooperation.
Re: my name on the deed
If your name is on the deed, you own half of the interests in the property. You can either agree with your ex on an amount he will pay you to "buy you out" of it and then sign a quitclaim deed to him alone. Or, if he does not want to cooperate, you can file a petition in court to partition your interests in the house. He will be forced to buy you out or sell the house so you can get your share of the equity.
If you feel generous, you can sign the quitclaim deed to his name without asking him for anything and the house will then be his entirely.
Good luck.
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