Posted on: 13th Jun, 2011 01:28 pm
i'm in the process of refinancing my home and in the final stage of my divorce. the deed has me listed as a married woman and sole owner of the house. however the mortgage company is saying that because of a florida law, he needs to sign the mortgage documents, but that it will not show on his credit since he’s not on the loan promissory note and if he goes to buy a new property after the divorce he will have no problem homesteading the new property. him signing the mortgage will not have any adverse affect to me or him.
but i don't understand why he needs to sign the mortgage and the til if he is in no way liable for the debt..
also, do i need to fill out a quit claim deed even though he is not on the deed of the house but i'm listed as a married woman?
please advice what to do.
but i don't understand why he needs to sign the mortgage and the til if he is in no way liable for the debt..
also, do i need to fill out a quit claim deed even though he is not on the deed of the house but i'm listed as a married woman?
please advice what to do.
As long as your title is held as married sole and seperate property, and your X is not on the loan, you will have no problems refiancing, selling or your X to be able to get his own property. The problems arise when you are both on the loan together and splitting up. You can add or remove persons from title, but you cannot add or remove persons from the loan without selling or a refi. Florida is a community property, which is why you need to have the soon to be X sign off his rights to the property.