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

Sarasota, FL |

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

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Attorney answers 2


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.

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What if he was deported 12 years ago and can't come back?


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


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