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Deed info

Posted on: 24th Jan, 2007 08:42 pm
my husband and i got married on november of 2001. then my husband purchased a house back in 2002 in miami, fl. with his friend/partner.my husbands parents were living in the home, unfortunately bills were not paid and they started the foreclosure process. my husband and i did not have the money at the moment to come up with the money so my husbands partner did (my husband and i were the one who put the money for closing). he was able to get the house current and proceeded to ask my husband to sign a quit claim deed to relieve him of allrights even the financially part. my husband did even though i didn't want to thinking he was doing the right thing since at the moment we were not in a good financial state. my question: don't i still have rights since we purchased the home after we were married? some one told me i have marital interest and i can fight this.
Hi mejiamarta,

Welcome to forums.

Your husband has already signed the quit claim deed; so he will not have any rights on the property. But he has the responsibility of paying off the loan since a quit claim deed does not relieve anyone from the loan, it can only allow one to convey his interest in property.

Thanks,
James.
Posted on: 24th Jan, 2007 09:00 pm
Hi mejiamarta,

I guess you husband has quit claimed his property to the friend. Is it so? Or is it that the friend has quit claimed his interest to your husband?

In case your husband has transferred the property to him, I feel you should have also signed the deed. I am saying this because you have an interest in the property due to the marriage (Florida being a community property state). So, if the property is to be handed over to some other person, then both you and your husband should sign the deed. Since you haven't signed, therefore I feel you still have a chance to claim an interest in the property.

Thanks,

Sara
Posted on: 24th Jan, 2007 09:40 pm
I too think you have interest in the house.
Posted on: 24th Jan, 2007 10:35 pm
Hi mejiamarta,

I have received your mail.

"Thank you for answering my question. I forgot to add that I was not on the deed, but we were married when we purchased the home. My cousin, who is a lawyer in Jersey said that I should have been on the deed but I still have rights since I have marital interest. And I never signed a quit claim deed. Is this true?"

Your cousin has correctly mentioned that you have a marital interest in the property. You may not have been on the deed to the property and never signed the quit claim also. But Florida being a community property state, you have marital interest in the property and can claim it.

Thanks,

Sara
Posted on: 24th Jan, 2007 10:37 pm
Hi mejiamarta,

I have read your post and I feel you can just follow what Sara has suggested.

Since yours is a community property, therefore even if your husband has quit claimed it to a third party, you can still claim your interest in it.

Consult an attorney to help you in this situation.

Thanks,
Brian Dela Cruz
Posted on: 25th Jan, 2007 03:12 am
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