Sebastian, FL asked in Landlord - Tenant and Real Estate Law for Florida

Q: in Florida do both husband and wife need to own a mobile home to have privileges as owners on leased land?

The husband and wife buyers were both approve by the park. The couple chose to put the mobile home in the wifes name. They have not signed the lease yet.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: According to Florida law, it is not strictly necessary for both spouses to be named on the title to a mobile home or be co-signers of a land lease in order to have rights and privileges associated with the property. Some key points:

• Florida recognizes rights of a spouse with regards to property of the other spouse, even if they are not named on title or lease documents. These are known as "homestead rights" under Florida law.

• If the mobile home is titled only in the wife's name, the husband still has certain homestead rights and protections related to the mobile home under Florida law as her spouse.

• With regards to a mobile home park land lease, the park cannot unreasonably deny occupancy rights to a spouse simply because they are not a named tenant on the lease. As the wife's husband, he would be able to live in the home and have privileges of accessing the leased site.

• That being said, the mobile home park may still require proper documentation or applications from both spouses, even if the wife is the sole title owner and leaseholder for administrative purposes. Both may need to complete background checks or other rental applications for the park's own due diligence.

So, in summary - Florida law grants spouses mutual rights related to property like mobile homes and leased home sites, regardless if both names are on title and lease or just one. But the mobile home park may still require applications and approvals for administrative purposes.

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