Can I remove my ex's name from the deed without removing him from mortgage or refinancing? live in Florida-need this for homestead exemption

Asked by Deedhelp, Florida Mon Aug 16, 2010

Due to divorce, I need to update homestead exemption. Since he lives in another city and his name is still on the deed, they will only give me half an exemption. They said if the deed is in my name, I get full credit. Can his name be taken off the deed without affecting the mortgage? Can't refinance because house is worth less than mortgage balance right now.

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Myke Atwater, Agent, Santa Rosa Beach, FL
Mon Aug 16, 2010
DeedHelp--Your divorce attorney might be able to answer this question for you. I know it has been done, but I don't know the intricacies of how that was done. For us to give you legal advice here would be practicing law without a license which is a serious offense for a realtor. If your divorce attorney doesn't know the answer, consult a real estate attorney--either one of them could also help you to file the appropriate paperwork to put this into effect.

Good luck,

Myke Triebold, GRI, LMC
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1 vote
James Ryan, Mortgage Broker Or Lender, Leesburg, VA
Tue Aug 17, 2010
Wow, be really careful about changing the deed without the present lender's approval or full knowledge, the loan might be called in for full to an attorney for sure....Jim, HSOA.
0 votes
Bob McClure, Other Pro, Walled Lake, MI
Mon Aug 16, 2010
good morning....good avice below...a real estate attorney or any title company can prepare the deed for should be as simple as you and husband quit claim deeding to will techincally violate the due on sale claus of the mortgage, but do consult an doesn't need to be recorded to be valid...simply written around state law and properly notarized..
best regards
bob mcclure
mortgage one
brighton, michigan
0 votes
Alma Kee, Agent, Tampa, FL
Mon Aug 16, 2010
Have you looked at all of your refinance options? There are some programs that will allow you to refinance up to 125% of the appraisal value. Interest rates are below 5% right now. Click here:
0 votes
Karen Cunnin…, Agent, Ocala, FL
Mon Aug 16, 2010
If your ex husband will sign a deed you can remove him from the title. You would certainly be wise to have an attorney prepare a deed for you. As the other agent advised check your divorce papers. Sometimes they actually act as a conveyance if the judge ordered it. That may only apply if the divorce was done in Florida.

Karen Cunningham
Keller Williams Cornerstone Realty
0 votes
Debra B Albe…, Agent, Port St Lucie, FL
Mon Aug 16, 2010
Seek the advise of an attorney. He or she can give your the best advise here. In your divorse papers, how was the ownership of the property handled?

Debbie Albert, PA
Coldwell Banker Residential
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