Quitcalim deed

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Florida

I have been divorced for a little over 5 years now, signed a quitclaim deed giving my ex-husband the house, but just recently found out that my name is still on the mortgage. (I was very young and naive at the time, and unfortunately trusted the mediator). Anyway, I understand that he would have to refinance to get my name off the mortgage. My question is this... if he refuses, is there anything that I can do legally to make him refinance? We have the mortgage for another 20+ years. Please help!!

[HomeGuru]

Originally Posted by Apryl773

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Florida

I have been divorced for a little over 5 years now, signed a quitclaim deed giving my ex-husband the house, but just recently found out that my name is still on the mortgage. (I was very young and naive at the time, and unfortunately trusted the mediator). Anyway, I understand that he would have to refinance to get my name off the mortgage. My question is this... if he refuses, is there anything that I can do legally to make him refinance? We have the mortgage for another 20+ years. Please help!!

**A: read your divorce papers as you may have been screwed while married and now it is possible that you are being screwed again.

What exactly am I looking for in the divorce papers? I called the bank that we have the mortgage with and they said either he had to refinance or apply for Full Assumption (if applicable). If he refuses (which he might,he is not the nicest person), can I file for a partition?

[HomeGuru]

Originally Posted by Apryl773

What exactly am I looking for in the divorce papers? I called the bank that we have the mortgage with and they said either he had to refinance or apply for Full Assumption (if applicable). If he refuses (which he might,he is not the nicest person), can I file for a partition?

**A: hello, can you hear me? Can you hear me know?

Sarcasm doesn't help. But, thanks for the phenomenal advice. I don't know what I would have done without it. I guess there is a reason that this is a Free advice forum....no lawyers here, obviously.

[divgradcurl]

I called the bank that we have the mortgage with and they said either he had to refinance or apply for Full Assumption (if applicable).

There's your answer.

If he refuses (which he might,he is not the nicest person), can I file for a partition?

No. You have no ownership interest in the house. You should have filed the quit claim simultaneously with him refinancing in his name only -- now you are responsible for the debt, but you have NO ownership rights or interest.

You need to speak with an attorney. If he was supposed to refinance in his own name as part of the divorce decree, you should be able to obtain a court order requiring him to do so.