Legal Question in Real Estate Law in Florida

Re: My Home

Do not put his name on title.

Re: My Home

Unless your mortgage broker is also doubling as your attorney, he/she should not be giving you legal advice. You are not under any legal obligation to put your husband on the deed. Maybe you should, maybe you shouldn't.

However, when you purchase the new home (which will be the homestead for both you and your husband), it is correct that your husband will have to sign the mortgage (his consent or joinder, not the obligation to pay, that comes by signing the Promissory Note).

You have quite a few issues and if your husband is applying for the loan with you, that is probably why the lender wants him on the deed. Also, if you are both on the deed, as husband and wife, the property ownership is a "tenancy by the entireties." You really should sit down with a lawyer and discuss this matter as there are different rules for different types of judgments and liens. Also, if you and your husband are living in the house that you are selling, he will have to sign the deed selling the property as it is your homestead. It doesn't mean he is necessarily entitled to anything, but he lives there, it is his home and you shouldn't be able to sell it out from under him. For the same reason, you will have to have him sign the mortgage, which I mentioned above. Again, you should spend the extra money to meet with a lawyer about the sale, the purchase, the loan, the best way to take title, the judgments, etc.