Valrico, FL asked in Divorce and Real Estate Law for Florida

Q: getting divorced wife is buying a property and wants me to sign some papers pertaining to her mortage what should i do

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2 Lawyer Answers

Mr Eric Klein

Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You may not want to sign ANYTHING until after your divorce. I strongly suggest you contact a divorce lawyer ASAP. Good luck!

Sarah E. Kay

Answered
  • Tampa, FL
  • Licensed in Florida

A: It is never in your best interest to sign any documents you do not fully understand. You should always read documents fully and completely and ask any questions that you may have of someone qualified to answer them before you decide whether or not to sign. Florida has certain homestead laws that require a married spouse to acknowledge a mortgage even if that spouse will not have an obligation to repay that debt (i.e. the underlying promissory note for the mortgage is in the other spouse's sole name). Wording on the acknowledgment documents is key. You should take the documents your soon-to-be ex is asking you to sign to a qualified Florida family law attorney to review, explain them to you, and make recommendations specific to your case before you decide how to respond to the request.

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