Haines City, FL asked in Divorce and Real Estate Law for Florida

Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

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4 Lawyer Answers
Opal Phiona Lee
Opal Phiona Lee
PREMIUM
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Usually the marital settlement agreement and final judgment contain language of how the property should be transferred. Did it state husband should sign a quit claim deed within a certain amount of time? It is best you consult with one of us divorce attorneys who can review the documents and see the best steps to take to get the property transferred.

Adam Ira Skolnik
Adam Ira Skolnik
Answered
  • Deerfield Beach, FL
  • Licensed in Florida

A: You either need to return to Court and compel him to sign the Deed. You also will need to refinance the mortgage to take him off of it.

Mr Eric Klein agrees with this answer

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: The first thing you need to do is to refinance the house so that you can remove your ex-husband from the mortgage. The title agency will prepare a deed for your husband to sign at the time of the closing of the refinance. If he refuses to cooperate, you will have to file a motion to enforce the award that was issued by the court. Good luck!

Tami Lane Augen
Tami Lane Augen
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: If the final judgment does NOT require you to refinance, then he is required to execute a deed, but only in the event the final judgment requires such action. IF the final judgment is silent on both the deed issue and the refinance issue to remove his name from the mortgage, then there is a problem and there is no clarity. Your best option in such case is to meet with an attorney who can review the final judgment and advise how to proceed.

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