Quit Claim

[pal316]

My ex and I have both moved from FL since the divorce but we still own a home in FL. I want to do a Quit Claim for the house and award my ex 100% of the the equity as I am no longer able to pay for 1/2 of the payments. Can I do this without coming back to FL or do I have to sign and notarize the documents in FL? Also, does my ex have to sign the Quit Claim? Do I have to hire an attorney to draw up the papers or is this something I can do myself with the proper forms? Lastly is there a form I can submit to the mortgage company asking them to take my name off the mortgage? Thank you very much for your time in answering my questions.

[Attorney Howard Iken]

You do not have to come to Florida.

You both have to sign and have notarized.

There may be forms online or in office supply stores - but they must be filled in correctly.

On the mortgage - chances are they will not remove your name.

Attorney Howard Iken
Divorce Law in Florida

[pal316]

I had hoped that my ex would not have to sign. He insists on keeping the property for speculation until the market goes up again - against my wishes. I am in no position to keep paying $1000 mo. and no one is interested in renting the house at this time. I had hoped for a legal way out without having to deal with him but if he refuses to sign the Quit Claim Deed, are there any other options other than to quit paying my half?