divorce/ want off from present loan

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Icon Mini Profile hawthornemaintenance




Joined: 06 Apr 2009

Posts: 1

1.39 Dollars($)
PostPosted: Mon Apr 06, 2009 6:47 am    Post subject: divorce/ want off from present loan

I like the quit deed form, is it legal in florida? IWe want to make a divorce easy, as she wants to keep the house, and I want nothing to do with it. Also, once we both sign the form, where do I send it too so it is on file and legal? I live in Pasco county Florida and the home is in Pasco County, Fl, and the home loan is through Wells Fargo Banks.
Second question, My bank ( Merchantile Bank)wants me off the present home loan to be approved for a loan for another home ( for me to live in). Will this be an acceptiable form for my bank to use? Also, If, once I purchase a home, she can also sign one of these forms, so she has no interest in my new home correct? Will all of this be legal and binding for a divorce in Florida? We want to divorce and both have homes, as our credit will be ruined, will this form be the answer?
Icon Mini Profile jameshogg
jameshogg



Joined: 20 Dec 2005

Posts: 4291
Location: nevada
509.34 Dollars($)
PostPosted: Mon Apr 06, 2009 9:12 pm    Post subject:

Hi hawthornemaintenance,

Quitclaim deed forms are legal in Florida. You can sign this form to transfer the property to your wife. Once the deed is filled out, you need to notarize it and record it at the county recorder's office where the property is located (Pasco County, Fl).

Once you transfer the property, your wife needs to refinance it in order to remove your name from the home loan. If you purchase the property prior to your divorce, then she can sign an inter-spousal deed to declare that she has no interest in the property. If you buy the property after your divorce, then I don't think she would require to sign any deed.

Thanks
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