Fort Myers, FL asked in Divorce and Real Estate Law for Florida

Q: I am listed as a grantor on the house my ex-husband bought one month prior to our divorce being finalized. Is that bad?

Because we were still married at the time he purchased the house, I was told I had to sign the papers with him when he bought it. Does this give me any rights to his house? Should I have my name removed from this now that he has owned the house for over 7 years?

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If you signed as grantor, it simply means that you were selling any rights you had to the house. So, no, you don't have any rights to the house and your name was removed when you signed the deed.

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: Your language in your question is problematic.

Your husband purchased a house and you are on the deed as a grantor (that means one who sold it - grantee would be one who bought it)?

Your husband still owns the house?

If your husband bought the house during the marriage, then you may have acquired a marital interest in the house that if sold, would require your signature on the conveying deed along with your husbands.

It may be that upon the divorce, you became a "tenant in common" with your husband - each owning one half interest in the house.

You should have an attorney look at the situation to sort it out for you. At the very least you will know where you stand in regard to this house.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: The use of the word grantor does not make sense under the facts you describe.

If you are a guarantor on the note or mortgage that means that you an be held legally responsible if he does not pay. You need to consult with a real estate attorney in your area ASAP to review the documents you signed and the. Get advice on what your true status is and what your options are.

Good luck.

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