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My ex and I still have both names on our residence. In the…

My ex and I...

My ex and I still have both names on our residence. In the settlement agreement he was awarded the house with the stipulation that I could re-occupy if he could not afford it. He turned it over to me 5 years ago and has not paid a dime on it since. I want to refinance but the marriage settlement puts it in his name. Do I need to do an amendment or am I able to do a quit claim deed?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

I've started the paperwork with the bank, but nothing else. I only looked at the marital agreement again two days ago

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

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Answered in 2 minutes by:
3/16/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,196
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
I'm here

Thanks so much for your patience. The answer to your question is that you can do a quit claim deed if the court has already said that you could re-occupy the house if he could not afford it. You'll need to show the bank with whom you are refinancing the relevant parts of the order stating that you could reoccupy. The bank may want more definitive information, but if you re-occupied five years ago, you're divorced, and the court order gave you authorization to re-occupy and there is nothing stating specifically you need your ex's approval, then you can use a quit claim deed.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
I'm attaching the copy of the settlement. Its section 5. Could you look over it quickly?
Customer reply replied 1 month ago
I can get him to sign something. He is a willing participant

Sure, I'll take a look.

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Thanks for providing that. Ok, because the court ordered him to refinance it, he would be required to. The fact that he is willing is even more helpful. Based on what you provided, you can still do a quit claim deed, particularly if he is agreeable to this, then you can refinance the home in your name alone.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
Just to reconfirm. I can do the Quit claim deed and be able to refinance on my own, correct? He will only have to agree to the quit claim deed?

Correct!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Customer reply replied 1 month ago
Thank you so much!! I appreciate your time.

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