Legal Question in Real Estate Law in Florida

My Husband And I just purchased a Home 20 days ago. I know that it was possible I wouldn't be on the Mortgage because of My credit score, But now I just found out my name is not on the property deed either. Property Deed says his name and "single man" after that. My Question is, Is this Legal? Can he legally keep me out of the Deed? Can I have this amended by the Clerks office as an error? Did he break any laws by claiming "single man". We are now living in our new house but I'm feeling cheated out, but would also like to avoid a confrontation. I need guidance please.


Asked on 8/25/15, 6:44 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your credit score should not have prevented your being on the deed and mortgage. You should have had an attorney representing you at the closing. Sounds like you need to have a conversation with your husband and than seek some legal advice. if you live in the property as your primary residence and you are married, than you have a protected homestead right notwithstanding your absence from the deed. Why did your husband sign the mortgage saying "a single man" when that was not accurate? That is a problem and the bank needs to be notified.

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Answered on 8/25/15, 6:52 am


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