Legal Question in Real Estate Law in Florida

Re: Divorce and Property

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There is no need for your wife to be listed on the Deed. Unfortunately, as long as you are still married, she will acquire an interest of some nature in your residence if it is purchased during the course of your marriage.

If you are paying for cash, you will be able to close without the wife executing any instruments. You should obtain a Quit Claim Deed from your wife, however, to extinguish her interest by virtue of her marriage to you.

If you need to obtain a mortgage, the lender will require the wife to sign the mortgage (but not the promissory note) so that they can foreclose if you fail to make the payments.

I do not know what form you are trying to describe and therefore cannot answer as to whether one is available on this site. If it is a Quit Claim Deed, it is readily available although I would strongly suggest that you have an attorney prepare it for a nominal fee to avoid any errors which can be far more costly in the future.

Scott R. Jay, Esq.