How to transfer home ownership after a divorce
A quitclaim deed does not make any warranties or promises that there are no liens against the property. Most couples have a mortgage on the home—maybe multiple mortgages and home equity loans. In the event, the parties may have agreed that they would sell the property, we can provide mobile closing or closing on separate days for each of the former spouses. The other spouse may be reluctant to remove their name from the property because of an existing joint mortgage.
The reason is because even if his name is no longer on the title that does not release his legal obligations to the lender.
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Because we are attorneys that understand the complexity of divorce and real estate transactions we know the best way to accomplish a smooth closing is that the parties sign the quit claim deed simultaneously with the receiving spouse refinances the property, taking a new mortgage in her sole name to pay off the existing joint mortgage.
What if my former Spouse will not sign a Quit Claim Deed? A spouse can force their former spouse to sign a quitclaim deed and generally the final judgement of dissolution of marriage includes a clause that they shall cooperate with each other by signing the deed. If the former spouse refuses then the receiving spouse may take him back to court. Depending how the Final Judgement is worded it can act as a quit claim deed and transfer title to property that served as the marital home.
In this case, the receiving spouse would file a certified copy of the final judgement with the clerk of Courts Records department instead of a deed. Download our Instant Net Sheets , impress them with an immediate estimate of their closing costs and estimated net proceeds along with your knowledge of the industry and marketing expertise. It is also helpful for assisting with the decision to accept or counter an offer from a potential buyer. The proceeding begins by filing the suit and serving the other side. The served parties will then have twenty days to file a response from the date that they were actually served.
How to Remove an Ex-Spouse from a Deed After Divorce
If a party cannot be found, service can be achieved by publication of the proceeding in a locally circulated newspaper for four consecutive weeks. If the parties are easily found the action can be complete within sixty days.
However, if service through newspaper is required, this can add an additional month. A cloud on title causes gaps in the chain of title for real estate. Additionally, a cloud on title is also caused by any adverse interest to the ownership claim such as a lien.
- Can You Sell Your Homestead Without Your Spouse if You Are Married in Florida?.
- Florida Divorce: Dividing Property.
- Title Issues raised by Marital Status | Yesner Law.
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- Florida Divorce Guide - taira-kousan.com.
The removal of this cloud on title ensures that ownership has clear title. A successful quiet title action removes all adverse legal claims and interest on the property in question. Typically, the only types of liens that survive a quiet title action are Federal Tax Liens and Bank Mortgage Liens on the property.
- Your Top 15 Questions About Divorce and Real Estate: The Pros Weigh In.
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- Florida Divorce: Dividing Property | DivorceNet.
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Here are a few facts that real estate buyers, sellers, and investors in Florida properties should be aware of: What is title? Ways in which to take title. Holders of legal title in Florida?
5 Common Methods of Holding Real Property Title
Clear title? Quiet Title Action. Length of a quiet title action? Cloud on Title? Successful quiet title action?