La Rosa Law

A: Under Florida law, the central issue is that a divorce decree reallocates rights and obligations between former spouses, but it generally does not bind third-party lenders. As long as your name remains on the mortgage note, the lender may hold you fully liable for missed payments, regardless of what the divorce judgment, later agreements, or text messages say. Florida courts have been clear that “a final judgment of dissolution is not binding on a creditor who was not a party to the divorce” (Sharp v. Hamilton, 520 So. 2d 9, 10–11 (Fla. 1988)); see also MTGLQ Invs., L.P. v. Moore, 293 So. 3d 610, 615–16 (Fla. 1st DCA 2020).

It is also critical to distinguish title from mortgage liability. Title can be transferred by court order or deed pursuant to the divorce judgment, but mortgage liability can only be removed through lender consent, usually by refinancing or a lender-approved assumption.

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