Question Details

Gabriele, Home Seller in Titusville, FL

ex-husbands signature reqiuired on Deed in lieu

Asked by Gabriele, Titusville, FL Thu Sep 25, 2008

My now ex-husnabd and I divorced in Oct 2005. We owned a house which we sold in July 2005. In Aug of 2005 (still married at this time) I bought a house. He was not included on any documents. (Mortgage, note, title, deed.. none) The mortgage reads that this house was to be used only as a "secondary" home. Supposedly, this way we didn't need him to sign any documents. Unfortunatlet now, 3 years later, I am having to give the house back to the back. The bank will consider a deed in lieu of foreclosure but only if my now ex will sign the document. No whatso ever references to the secondary house were made in the divorce settlement. he knew about the house, didn;t want any involvement like co-ownership or rights. How can the bank require his signature to give something up when he never was on any documents to begin with? I'm in Florida and yes I understand all that stuff with community proberty, however, like I said before not references where made in the divorce settlement. HELP.

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3
Gabriele,

Your needs would be best served by being in touch with a good attorney. We are sorry about your personal situation.

Good luck
0 votes Thank Flag Link Thu Sep 25, 2008
Gabriele - You need to seek the advice of an attorney (real estate). All states have different regulations on homestead. If you were married at any time in which you owned the house (even though it was not in his name) the bank may be assuming co-mingling of funds. In that case, could your ex-husband come back and claim ownership rights? That is the issue I think the bank may have. You need to consult a real estate attorney in your state as all states have different requirements. Good Luck to you and sorry about your house. I hope that you will be able to move onto a brighter future.
0 votes Thank Flag Link Thu Sep 25, 2008
Questions:

1.) Was the Mortgage vested as follows: "Gabriele X, a Married Woman, as her sole and seprate property?

2.) Does the recorded Mortgage included a Second Home rider?

3.) Does your Marital Separation Agreement list the house as a sole and separate asset for you?

If the questions above are all yes, you should supply the bank with a copy of the Mortgage & all riders plus a copy of your Divorce Decree and MSA (Marital Separation Agreement).

Keep in mind that it is very difficult for a married couple to purchase assets (such as a vacation home) in Florida outside of the community property rules... your lender is basing their thinking on the norm rather than your unusual exception.
0 votes Thank Flag Link Thu Sep 25, 2008
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