If I am separated and want to buy a house in my name, why does my spouse need to sign the mortgage deed?

Asked about 3 years ago - Sarasota, FL

All the paperwork is in my name only. We live in FL

Attorney answers (2)

  1. Brent Allan Rose

    Contributor Level 20

    Answered . It's a little bit complicated and based on an old English concept called, "Tenancy by the Entireties," but in simple terms, remember that all property acquired while you're still married is marital property. So, if you buy a house while you're still married, the house is marital property. Title companies, banks, and mortgage companies want to make sure he acknowledges that the house is marital property. It's usually best to wait until after you're divorced to make major property purchases.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  2. Thomas R. Peppler

    Contributor Level 13

    Answered . Avvo Email

    If you are still married your spouse has constitutional homestead rights
    that must be waived by signing the mortgage.


Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

17,158 answers this week

2,316 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

17,158 answers this week

2,316 attorneys answering