Palm Harbor, FL asked in Real Estate Law for Florida

Q: My wife and I are in Florida and we are separating. I am buying a home and she has reservations about signing the title.

The title company has stated that, because FL doesn't recognize marital separation, the spouse must sign the title at closing. I'm wondering if the following is a loophole around her being legally required to sign the title: 1. I'm using cash from an inheritance for the down payment and 2. Mortgage payments will be made with distributions from Indian Gaming.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You should at the very least consult with an attorney who practices family law. For example, it is not clear what you mean by your wife signing "the title". Is this actually some sort of a "separation", or are you getting a divorce (called a dissolution in Florida)?

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