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Do I disclaim a judgment to Title if wife is sole signor on homestead being sold?

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Fogyreef

Member
My question involves collection proceedings in the State of: FL

My wife is sole signor on our primary FL residence/homestead. Florida is a “separate liability state” and a “separate property state.” We were married at the time of purchase (Tenancy by the Entirety) but she single-handedly qualified, mortgaged and closed the property.

I have a judgement from a credit card. Title company's preliminary questionnaire is asking if there are any judgements. I would prefer not to disclaim if I don't have to, in case the sale proceeds are incorrectly used to satisfy the judgement.

Do I need to disclaim a judgment that does not attach to the property?
 


adjusterjack

Senior Member
she single-handedly qualified, mortgaged and closed the property.
None of that matters.

What matters is whose name is on the deed. Do you have a copy? Does it say something like Jane Doe, a married woman as her sole and separately property? Or something else. Quote it word for word.

You should also be checking your county recorder to see if there is a judgment lien on file. If your home's address appears then it might come up in the title search.

I suggest you ask the person at the title company how to handle that.

And, by the way, why don't you use some of the proceeds to pay off the judgment? You really want that debt hanging over your head?
 

quincy

Senior Member
My question involves collection proceedings in the State of: FL

My wife is sole signor on our primary FL residence/homestead. Florida is a “separate liability state” and a “separate property state.” We were married at the time of purchase (Tenancy by the Entirety) but she single-handedly qualified, mortgaged and closed the property.

I have a judgement from a credit card. Title company's preliminary questionnaire is asking if there are any judgements. I would prefer not to disclaim if I don't have to, in case the sale proceeds are incorrectly used to satisfy the judgement.

Do I need to disclaim a judgment that does not attach to the property?
Have you discussed this with your wife?
 

Fogyreef

Member
None of that matters.

What matters is whose name is on the deed. Do you have a copy? Does it say something like Jane Doe, a married woman as her sole and separately property? Or something else. Quote it word for word.

You should also be checking your county recorder to see if there is a judgment lien on file. If your home's address appears then it might come up in the title search.

I suggest you ask the person at the title company how to handle that.

And, by the way, why don't you use some of the proceeds to pay off the judgment? You really want that debt hanging over your head?
Thanks for your substantive feedback.

A search returned no lien against the house. We're together on the deed as wife and husband. The proceeds of the home are not to be used towards the judgement. I am responsible and will pay from my sole income. Am I correct that we are Tenants in the Entirety and therefore can shelter the home from liens derived from only one spouse?
 
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quincy

Senior Member
Thanks for your substantive feedback.

A search returned no lien against the house. We're together on the deed as wife and husband. The proceeds of the home are not to be used towards the judgement. I am responsible. I'm trying to determine if the lack of a direct lien against the house, its standing as homestead, etc, shields the proceeds from the judgement so I can pay it myself and not have it affect my wife's share.
How much is the judgment and how much do you expect to realize from the sale of the house after the mortgage (first lien) is satisfied? Will your “share” from the sale of the house cover the judgment?
 

Fogyreef

Member
30k and no. The home we're moving to will eat the proceeds, thus the need to retain them.

That's before a reduced settlement, which I may be able to negotiate.
 

quincy

Senior Member
Thank you for answering my questions, Fogyreef.

The fact that your wife is solely responsible for paying off the mortgage loan would not protect the house proceeds from your judgment-creditor because you are on the deed to the house. Your signature will be necessary when selling the house.

I am not familiar offhand with Florida property exemptions but I do know that Florida offers homeowners greater protection from creditors than other states. I am low on time right now but perhaps someone else can check to see if the sale proceeds would fall under the exemptions available.
 

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