Legal Question in Family Law in Florida

Re: Buying a home and separated

I suggest you consult with a real estate/family law attorney who will help you make sure that you alone benefit from this investment. No one should invest in a house without consulting an attorney; most attorneys spend their time helping people out of the problems they made for themselves because they didn't consult an attorney first.

Re: Buying a home and separated

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Are you sure you can complete the purchase? Most lenders (if not all) will not loan money to a married man without joinder of his wife on the mortgage even if in the midst of a divorce. This is because of the rights that the spouse has in the home whether or not they are living together, the lender would never be able to foreclose if the mortgage was not being paid.

That said, the wife could claim an interest to any property bought or owned during the course of the marriage. The court might rule otherwise, but there is no reason to involve the wife/ex wife if not absolutely necessary.

Scott R. Jay, Esq.