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Deed vs. on mortgage, need help

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Christine050251

Junior Member
married 11 years. House is mine from a previous marriage. our credits are separate , checking accounts too, both self employed . I have kept myself on the DEED and he by law when I re-financed HAD to go on the mortgage. In case of divorce.... a quit claim signed now would not work as he is not on the deed. So what do I have him sign ( he is willing) to assure me he will not force me to sell my home? ( he cheated ) He is on the morgage and with florida laws I am afraid as we have a daughter that I will have to support and would want to distrupt her life as little as possible. How do I get him off the mortgage? Have a paper written up by an attorney that he would just walk away and have absolutely no way to force me to pay him, sell the house, etc.....? what should it say within it?
I am home self employed too and do bring in some income, about 1,000 a month. Morgage payments are paid from my personal account.


Florida

thank you
Christine
 


VeronicaGia

Senior Member
Christine050251 said:
married 11 years. House is mine from a previous marriage. our credits are separate , checking accounts too, both self employed . I have kept myself on the DEED and he by law when I re-financed HAD to go on the mortgage. In case of divorce.... a quit claim signed now would not work as he is not on the deed. So what do I have him sign ( he is willing) to assure me he will not force me to sell my home? ( he cheated ) He is on the morgage and with florida laws I am afraid as we have a daughter that I will have to support and would want to distrupt her life as little as possible. How do I get him off the mortgage? Have a paper written up by an attorney that he would just walk away and have absolutely no way to force me to pay him, sell the house, etc.....? what should it say within it?
I am home self employed too and do bring in some income, about 1,000 a month. Morgage payments are paid from my personal account.


Florida

Your post is confusing, but if you and he refinanced, at least here in Michigan, he would have had to be put on the deed, as one cannot refinance a mortgage without being owner or co-owner of the home.

To get him off the mortgage, you will have to refinance the home in your name only, make sure to get a quit claim deed from him and make sure the house is titled solely in your name.

thank you
Christine
 

Christine050251

Junior Member
In florida it's different....

thank you for writing. I did refinance the house more than once and I made sure I sayed on the DEED and I did not want him on it at all. They said I did not have to put him on the deed, but he HAD to be on the mortgage as it was his homestead. So, I am on the DEED and he is on the mortgage.

I need to know what to do in case of divorce to make sure he can not force me to sell or whatever they can do as it was his home too and as far as florida is concerned, it belongs to him to. It does however carry weight in court that It was my house before I married, and even now I am the only one on the deed. I also pay the payments out of my income. Even still, there is not guarantee
he can't put up a fuss and I would be forced to buy him our or sell. What I want to know is, since a quit claim is only for if he was on the DEED and won't work in this situation, could I draw up a paper by a lawyer saying he will just walk away in case of divorce concerning the house. ( of course worded correctly but in a nutshell that is it )

I asked and a quit claim won't work, but I'll ask some more, maybe they were wrong. Otherwise, what do women do to protect themselves from losing everything being he is on the mortgage?

I need someone from florida that knows what I am talking about

I have refianced 3 times since we were married and they all said the same, I can be on the deed only if I want, but he HAS to be on the mortgae, it's the law.

jplease help.
 

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