Legal Question in Family Law in Florida
I'm considering refiancing the home I purchased prior to being married that has a small mortgage relative to it value. I'm not going to pull any money out of the house. The closing papers call for my wife's signature on the Mortgage even though she is not listed as a borrower. Her signature is also required on the Planned Unit Development Document, Borrowers Title Affidavit and then again as the Mortgagors' Certifications on Borrowers Acknowledgments, Agreement and Disclosures (I sign this document as the Borrrowers Certification. I'm the only person listed on the Note and my signature is the only one required. I've only been married for 9 months and I do not want the refinancing of my house to be considered by the court as a change the ownership of the house from nonmartial property to marital property in the event of a divorce. Can you help?
2 Answers from Attorneys
As a married man, your wife's name must be on all your homestead documents. You cannot own your homestead individually if your wife lives there too.
YOu need to get a postnuptial agreement.
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