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I am marriage can I buy a property without my wife signature and name on title in Florida I am the qualifier of the loan do the

Hollywood, FL |

Do the state law require her to be on the title even if she is not the I the only one who apply with my income and my separate account

Attorney Answers 2


If the property you are purchasing is to be your primary residence then Florida homestead law will require your wife and you to both be on the mortgage, which is the security for the debt. You alone can be on the note unless the lender requires you both. You alone can be on the deed.

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If you are buying a property in which you plan to live (owner-occupied) and are seeking a mortgage to finance the purchase of that property, then your wife will be involved. Florida constitution provides that a married person may not encumber or alienatet (sell) his homestead property without the joinder of his/her spouse. Therefore, although you can buy the property in just your name, since the deed is recorded before the mortgage, and you are married, your spouse will have to join you in signing the mortgage. Even if you are getting the loan only in your name, and you are the only one signing the promissory note, the mortgage securing that promissory note, if it is a mortgage on your homestead, will have to also be signed by youro wife. So when a title company tells you that your wife will have to sign, that is a true statement. You can buy property for cash and not involve your wife. But if that property becomes your homestead, you cannot sell it or mortgage it without your wife's joinder in such action. She does not have to be on the deed. But she will have to execute the mortgage for you to use homestead property as collateral for a loan.

If you found this answer to be the "best answer", please mark the box "best answer" below.This answer is offered by a member of the Fla. Bar, and the response is based solely upon the factual scenario framed by the inquiry in the question. Such questions often omit important facts which could dramatically affect the answer the responding attorney would provide, had additional facts and further information been made available by the writer of the question. It is always advisable to engage in a more thorough, conference type of setting when seeking definitive legal advice as it is impossible for any attorney to fully address all of the possible issues, or to outline all possible defenses, or fully explore all angles of a legal question in this limited format setting. This attorney's response to the question in no way creates an attorney-client relationship with the writer of the initial question.If you feel this answer is the best one provided, please check the box indicating it as the best answer you received through Avvo.

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