When I was married we obtained a vacation home in Florida with his mother. His mother took out the mortgage, but all of our names went on the Deed. After our divorce, he and his mother filed, bankruptcy to avoid liens, and they abandoned the house. As apart of the divorce I got my maiden name back. I recently moved to Florida, and once there I checked with the tax office and the city, to see if the house was still mine, and according to them they said it was, and that I could take possession. I now have physical possession of the home, my change of address, and the utilities are on and in my name. How can I file for a new Deed to change my name and remove my ex and his mother without their consent? For I KNOW they will object, and that they will cause trouble for me.
To the best of my knowledge there is no way you can forcibly remove names from a property deed without either a court order or a voluntary act by your ex and his mother. You may need to file a partition action to compel a sale of the entire property or to compel a sale or transfer of their interests. In such an action you could seek to hold the co-owners responsible for their proportionate share of the mortgage payments, real estate taxes, repairs and maintenance.
You should speak to an experienced Florida real estate litigation attorney to counsel you on your best options here.
This answer does not constitute specific legal advice or create an attorney-client relationship between Glenn R. Reiser, Esq. or LoFaro & Reiser, LLP and the individual or company whose posts we are responding to.
Real Estate Attorney
As my colleague suggested, while you cannot remove your ex-husband and mother-in-law from title without their consent, you can bring an action for partition and an accounting. However, that will be just the first of your problems. The son and daughter would not have walked away from property that did not have a mortgage on it. This mortgage may be in default or the principal balance on the mortgage may be more than the property is worth. You should consult an experienced real estate lawyer in your area to help you analyze the nature of your ownership interest and advise you on the best way to proceed.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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Estate Planning Attorney
Who was given ownership of the home in the divorce proceedings? If you were, then you can have their names removed by court order. However, as mentioned by my colleague, if there is a mortgage on the home, it doesn't matter if Donald Duck's name is on title, the mortgage company can foreclose on it if their loan is not paid. If the divorce settlement was silent as to the disposition of the home, then you will have to either ask them to remove themselves, or have them removed by an action for partition of the property, which will, most likely, end up in its sale.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.