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laurieroche · Joined: 11 Nov 2009 Posts: 1 1.40 Dollars($)

I was divorced in Florida in 2006 and received the marital home via a quit claim deed from my ex. The mortgage on that home however is in his name alone. Our divorce agreement states that I have all interest in the home via the deed, an am required to make the payments on the mortgage and refinance or sell the home by June 2011 or if I remarry, whichever happens first.

I was struggling financially to stay in the home and in June 2007 rented it and purchased another home in a less expensive area. I lost the tenant after two years in June of this year and listed the property for sale in July. I have been making all the payments (mortgage and utilities) on the marital home to keep from battling my ex, and am now at risk of loosing my home to forclosure.

Long story short - I cannot maintain both houses. Can I just sign a quit claim deed giving him the house back? If so, can he refuse it?

adonis · Posted: Wed Nov 11, 2009 11:43 pm Post subject:

Hi laurieroche,

You will have to inform your ex-husband that you want to give back the property to him through a quit claim deed. If he accepts it and records the deed at the county recorder's office, then it would be considered as his property. You've mentioned that your ex-husband is on the mortgage deed. In such a case, the lender may not hold you responsible for the mortgage payments. If you stop the payments, then the lender would contact your husband for the dues.

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Can I reverse a quit claim deed made to me?