QUESTION

How can I get my name added to the house title that the mortgage company owns that is in my estranged husband's name?

Asked on Jun 06th, 2021 on Divorce - Florida
More details to this question:
My husband and I separated in March and I stayed in the house. I found out that even after 27 years of marriage and 20 years of living in the house together even when he didn't work much and I paid most of the bills, that the house is still in his name. I was naive about this, but now I just need a way to get my name on the deed so he doesn't sell the house out from under me.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Dear Ms. Bowman:   Under Florida law, any asset and liability acquired during a marriage becomes marital property. with a few exce[tions. So, regardless of  the fact that the home is in his name alone, it is marital property.  You also have homestead rights to the property as you are still married, and these rights permit you to stay in the property absent a court order or agreement. So even if he tried to sell the house, the closing agent would require you to sign off on the house...which, absent an agreement, I suspect you would not do.      That said, unless there is a settlement agreement wherein you get to keep the home, or an order from a court stating the same thing, you cannort automiatically get the house in your name.   If the marriage is over you should commence a dissolution of marriage action to preserve your rights.    Best of luck, Cindy S Vova Law Offices of Cindy S. Vova Broward-Miami-Dade-Boca Raton 954-316-3496/561-9622785 
Answered on Jun 07th, 2021 at 9:47 AM

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