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

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".

Melbourne, FL -

Attorney Answers (3)

Marshall C Deason Jr.

Marshall C Deason Jr.

Real Estate Attorney - Tampa, FL
Answered

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... more
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Carol Anne Johnson

Carol Anne Johnson

Real Estate Attorney - Saint Petersburg, FL
Answered

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,... more
Marshall C Deason Jr.

Marshall C Deason Jr.

Real Estate Attorney - Tampa, FL
Answered

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... more

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