Something I learned during mediation is that, in Florida, and presumably other states, the mortgage deed is not connected with the financial instrument (the bank note). My wife and I were on the mortgage, but I was the only one listed on the bank note. I'm not sure why that happened, but it gave me a lot of leverage during mediation. My lawyer, who specializes in family law, didn't know about the mortgage-bank note dichotomy. It may be worth your while to spend a little money on a real estate lawyer and review all of the official paperwork regarding your house.
In my case, my wife (at the time) simply had to quit claim the mortgage to me; there was no need to refinance the house. In addition, my wife told the mediator she only had $100 left in her checking account and the mediator told me. I quickly realized she'd never be able to afford to go to court so I got to dictate the terms. (The moral of the story is not to let your wife know that you're not able to afford going to court if you can't come to an agreement during mediation.)
Last edited by Cadet; 09/05/1707:26 AM. Reason: start a new thread message
