QUESTION

My wife and I are separated with No immediate plans for a divorce. She recently went to apply for a home loan in her name ONLY, and was told that my

Asked on Feb 13th, 2012 on Real Estate - Florida
More details to this question:
name would have to be put on the DEED as well because we were still married. I DO NOT WISH TO HAVE MY NAME AFFIXED TO HER DEED. HOW CAN I AVOID THIS?
Report Abuse

1 ANSWER

Probate & Trust Attorney serving Fort Lauderdale, FL at Parady & Zikakis, P.A.
Update Your Profile
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

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters