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Hold harmless agreement / waiver of responsibility?

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daisy0116

Junior Member
What is the name of your state (only U.S. law)? Florida

I have no idea WHERE this post belongs, so I'll try here.

First, some basics.
My ex and I jointly own a home in FL. We have contributed equally financially throughout the years, and are on the title as joint tenants with right of survivorship. We split late last year, and I have not spent more than a few nights in the home since early August.

She wants to keep the house, but cannot refinance under the HARP program until she can show 12 months of mortgage payments coming out of HER account, versus the joint one it's been coming out of for the last 7 years.

I am fine with that. BUT, I want to have something in place - SOME sort of legal document - that says I have no financial responsibility for the house between now and when she is able to do the refi. (I have been continuing to pay half of the PITI payments until now). I am not sure what sort of advice I need to seek, and from who? A real estate attorney? Contracts attorney? I realize that, ultimately, the bank will still hold me responsible as long as I'm on the mortgage. BUT this is more of a way for me to be able to hold HER accountable if she tries to collect something from me. In 6 months, when the AC goes down, I do not want her to be able to call me looking for me to pay "my portion." If she defaults on the mortgage (which I do NOT see as a possibility, but I don't want to be SO naive), I want to be able to have some legal ground to come after HER.

Any ideas? Suggestions? It seems like it *should* be pretty basic - even a lease agreement, of sorts - one in which she is responsible for payments and upkeep.

Thanks in advance.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Florida

I have no idea WHERE this post belongs, so I'll try here.

First, some basics.
My ex and I jointly own a home in FL. We have contributed equally financially throughout the years, and are on the title as joint tenants with right of survivorship. We split late last year, and I have not spent more than a few nights in the home since early August.

She wants to keep the house, but cannot refinance under the HARP program until she can show 12 months of mortgage payments coming out of HER account, versus the joint one it's been coming out of for the last 7 years.

I am fine with that. BUT, I want to have something in place - SOME sort of legal document - that says I have no financial responsibility for the house between now and when she is able to do the refi. (I have been continuing to pay half of the PITI payments until now). I am not sure what sort of advice I need to seek, and from who? A real estate attorney? Contracts attorney? I realize that, ultimately, the bank will still hold me responsible as long as I'm on the mortgage. BUT this is more of a way for me to be able to hold HER accountable if she tries to collect something from me. In 6 months, when the AC goes down, I do not want her to be able to call me looking for me to pay "my portion." If she defaults on the mortgage (which I do NOT see as a possibility, but I don't want to be SO naive), I want to be able to have some legal ground to come after HER.

Any ideas? Suggestions? It seems like it *should* be pretty basic - even a lease agreement, of sorts - one in which she is responsible for payments and upkeep.

Thanks in advance.
**A: see a real estate attorney to have an agreement drafted.
 

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