Perhaps your wife misunderstood her lender's request. You do not need to be on the title or deed to her new home. However, because you are still married to each other, you are required to execute the mortgage on her primary residence so as to waive any potential homestead rights. If you purchase a home and obtain a mortgage, your wife (separated or not, you are still married) will need to execute the mortgage for any primary residence that you purchase with a mortgage loan.
The foregoing is specific to the law and procedure in Florida. This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.
Answered on Feb 13th, 2012 at 1:23 PM