With atty’s advice, I am about to voluntarily allow $41k+ household contents to be taken to Florida by stbx with nothing more than my atty’s word that I won’t loose the values when it comes down to final property settlement. All in exchange for nothing. Doesn’t seem right. Why shouldn’t I request a settlement agreement on this part of ED that at least addresses something like a quitclaim to me on our 100% mortgaged house in exchange for her stuff?
If you do not agree with your attorney’s advice you do not have to follow it.
If a party has the home “quit-claimed” to them, does that party have to seek new financing to get the mortgage out of the other party’s name? What if the “receiving” party cannot qualify for a new mortgage, but can maintain the current joint mortgage? Thanks.
The spouse keeping the home does not have to refinance unless there is a Separation Agreement or Court Order that requires them to do so.