Legal Question in Real Estate Law in Florida

Re: buying a home - single vs. married

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.

If you are both purchasing the home, then you should do it as a married couple. It is automatically taken as joint tenants with right of survivorship if married and the survivor will get the entire property without probate if one should pass away. If single, an estate is necessary and can be costly.

Secondly, if you are married and a judgment is entered against only one of you, it will never have any effect against the property. If single, that person's share of the property might be subject to being levied upon by the judgment holder.

There are many other things to consider, but space here will not allow it. You should speak with the attorney who will be representing you in the closing to discuss all the advantages of ownership.

Scott R. Jay, Esq.