Legal Question in Real Estate Law in Florida

Re: Buying a house

If her name is to go on the deed, the lender will want her name on the note.

Re: Buying a house

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Florida law does not require the spouse to sign a mortgage. All lenders require your spouse to sign the mortgage however (but not the Promissory Note) regardless of whether the spouse is named on the Deed or not, so that they can foreclose on both parties in case of a default. Otherwise, pursuant to the Florida Constitution, unless the party specifically agrees, all debts of a party are not valid against his/her homestead. This is often referred to as homestead property. It is exempt from the claims of all creditors.

Your wife does not need to attend the closing, however. It can be handled as a "mailaway" by a qualified real estate attorney for either or both of the Buyers.

Scott R. Jay, Esq., 305-249-8000

Scott R. Jay