If my ex-husband signed a quitclaim deed but is still on the mortgage, can he have me evicted ifI am behind on the payments?

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If my ex-husband signed a quitclaim deed but is still on the mortgage, can he have me evicted ifI am behind on the payments?

My ex-husband signed a quitclaim so the deed is is my name only but he is still on the mortgage and I’m not in a position to re-fiance in my name only. I’m behind on the mortgage payments and am about to go into foreclosure. He says he can have me evicted and take back legal control and ownership of the house even though he’s not on the deed anymore. Can he really do this?

Asked on November 12, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your former husband quitclaimed to you all interest that he has in your house and is solely on the mortgage, there is nothing he can do regarding having you evicted if you are behind on the mortgage payments.

He has no interests anymore in the home due to his quitclaim to you. Good luck.


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