How best to handle ownership of a house in a divorce?

UPDATED: Oct 1, 2022

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How best to handle ownership of a house in a divorce?

My husband and I are filing for an uncontested divorce. We have a house that is in both our names. At this time, I have no options but to keep his name on the mortgage until I qualify for one on my own. Can he quit deed his portion of the house to me or a major portion listing in the divorce decree that I will pay him his portion when I qualify for the loan? We have an 18 year old daughter and have been separated, not legally, for 15 years. Is there anything that I need to consider when filing other than the house to protect myself? We want to do this as painless as possible.

Asked on February 19, 2018 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

May I make a suggestion?  It may be a good idea for you to find an atorney that will let you retain him or her on a consultant only basis to explain the law to you and to help you with the paperwork.  Stipulations of settlement when there are assets and children can be complicated and you need to proptect yourself.  Yes, you can have him quit claim the deed to you and give you a time certain to refinance the house in your name and get his name off the deed.  But then what?  There needs to be a provision that allows for the house to be sold thereafter.  Also child support continues until your daughter graduates high school.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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