Winter Springs, FL asked in Divorce, Family Law and Real Estate Law for Florida

Q: How and when to get a quitclaim deed/refi a mortgage after divorce?

Our divorce is just finalized and my husband's interest in our home is being transferred to me. We are both on the Mortgage. I know I need to refi to remove him from the debt, but how do we go about the quitclaim deed? Is that done before mortgage refi, at time of refi, or after the refi? What is typically the safest way for both parties?

1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: The best way is to get the quit claim deed executed now. You will then hold the deed until you refinance at which time it will be filed by whoever handles your closing. This way you do not need to chase down your ex in the future when you need the deed.

Terrence H Thorgaard and Bruce Alexander Minnick agree with this answer

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