What happens to the home that my husband’s ex-wife quit claim deeded to him after she filed for bankruptcy?

UPDATED: Oct 1, 2022

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What happens to the home that my husband’s ex-wife quit claim deeded to him after she filed for bankruptcy?

My husband and his ex bought a home and were both on the deed. When they
divorced, she quit claim deeded the house to him. She is the only one on the
mortgage, although we live in the home and have been making the mortgage, tax and
insurance payments for the past 5 years. She just started filing for bankruptcy.
we found this out when we went online to check how much is still owed on the
house and it stated that the account could not be accessed because it’s in

We have never missed a payment. What can he legally do since he is on the deed?

Asked on November 7, 2018 under Real Estate Law, Florida


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

Answered 4 years ago | Contributor

OK you two need a lawyer as soon as possible.  He should have refinanced her off the mortgage once the deed was signed and filed.  You are going to have to do some quick back tracking.  She can not take the mortgage off her bankruptcy unless it is out of her name.  Good luck.

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