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Husband did not sign Quit Claim deed and now he has been included in Foreclosure. Can he remove his name?

Melbourne, FL |

Years ago my sister and I owned an inherited property. She bought out my half so she could own it with her husband. The Quit Claim deed has myself listed as a grantor which says "My name, a married woman". My husband's name was never on any deed. He did not sign the Quit claim deed to my sister and her husband. Now years later the property is being foreclosed by the HOA and my husband has been included in the foreclosure even though he never owned the property. Is there any way to remove his name? They have referred to him as "The unknown spouse of My name".

Attorney Answers 3


  1. Your husband is listed to cover the possibility that when you deeded the property it was your homestead. In such a case, you husband would have been required to sign the deed. If the deed had been properly prepared, it would have indicated that the property was not your homestead. However, since it did not, you husband had to joined in the suit. It is unlikely that either you or your husband would have any personal liability for any deficiency judgment. If your are unsure of your rights and responsibilities, you should consult an experienced real estate lawyer in your area for advice.

    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.


  2. Your husband is listed to cover the possibility that when you deeded the property it was your homestead. In such a case, you husband would have been required to sign the deed. If the deed had been properly prepared, it would have indicated that the property was not your homestead. However, since it did not, you husband had to joined in the suit. It is unlikely that either you or your husband would have any personal liability for any deficiency judgment. If your are unsure of your rights and responsibilities, you should consult an experienced real estate lawyer in your area for advice.

    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.


  3. This is a formality. The HOA must notice all "interested parties" in the foreclosure action which includes tenants, potential tenants, potential owners, anyone who may have a financial interest in or claim against, the property. It is just a "heads up" for him. Unless he is somehow on title as an owner, the HOA would have no reason to attach any liability to him. Since they don't even name him on the pleading, they certainly can't establish his liability for the debt.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.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.

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