• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Soon-To-Be Ex Wants to Marital Home

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mwalker

Junior Member
What is the name of your state? Florida

We are nearing the end of the divorce after 2 1/2 years. Approximately a year and a half ago, I refinanced the marital home to buy out my husband's interest, but he was never wanted to transfer his interest via a Quit Claim or receive the monetary equity. At my closing at the title company, we were both initialing lots of pages, but husband didn't initial the page that said the survey was up to date because it didn't show the new 3 car garage that had been built. We never heard from the title company representative and the refinancing went through without a hitch. Is this going to show up again when husband tries to refinance the marital home after we are divorced?
Thanks for any advice.
 


JETX

Senior Member
HUH??? Your post is confusing... and contradictory.

mwalker said:
I refinanced the marital home to buy out my husband's interest

and then:
Is this going to show up again when husband tries to refinance the marital home after we are divorced?

So, which is it??? Did you refinance and buy him out.... or does HE own and refinance???
 

mwalker

Junior Member
Both our names are on the papers

I refinanced with a note in my name, but he has never wanted to transfer his interest in the marital home, so that's yet to be done. Both our names are still on the mortgage papers, so he still has an interest. He wants to get new financing after the divorce is final which will be in his name alone.
 

JETX

Senior Member
mwalker said:
Both our names are still on the mortgage papers, so he still has an interest.
You seem to be confused about the facts on this...
The mortgage is only the financial obligation to repay the mortgage. It has NOTHING to do with the ownership or interest of the property.... which is set by the names on the deed or title.
 

mwalker

Junior Member
Both of our names are on the deed/title

No money has changed hands and he has not transferred his interest.
Sorry that my wording has been so confusing.
Thanks
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top