Legal Question in Wills and Trusts in Florida
should i sign a quik claim deed prior to my ex wife refinancing a house she won in our divorce settlement
are there any risks to me
i soley want to be removed from current mortgage and liability of loan
3 Answers from Attorneys
Quit claim deed wont remove you from the mortgage and liability unless the mortgage company is agreeing to that or she is refinancing. If you are required to execute the deed, then you should do it.
Does the divorce decree require her to have your name removed from the mortgage? Will the lender agree?
Most divorces involving property and/or debts include a marital settlement agreement
which controls such issues. Whether the bank will agree depends on the qualifications
of your ex-spouse for a mortgage modification. If such signing is consistent with your
divorce terms including a marital settlement agreement, sign it.
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