Legal Question in Real Estate Law in Florida

I have an important question that I hope you can help answer.

My husband's son has asked my husband to take out (in my husband's name only) a $200,000 mortgage loan for him and his girlfriend.

(Background - Both son and girlfriend have been on unemployment for almost over 1 1/2 years. Son has a terrible credit history. He is not able to make even a car payment on time. They both run a deli together that is in the girlfriend's name, but have not been making enough from it to draw a salary so they continue to remain on unemployment.)

I absolutely do not support this idea. Florida is a community property state - but so was New York and my husband was able to buy his daughter a house/take out mortage in his name only without even telling me about it. I found out after the fact.

My question is this: Can my husband take a mortgage loan out (in his name only) on a property his son wants to buy and do it without my written consent/approval on the loan mortgage documents. He thinks he can because he would be putting his name, his son's name and the girlfriends name on the title. The house being purchased would be the collateral for the mortgage and the mortgage would be for more than 50% of the value of the house.


Asked on 11/09/10, 3:47 am

1 Answer from Attorneys
Richard Kaplan

Yes, your husband can take out any kind of a loan without your consent, except on homesteaded property. Securing it to property that you have an ownership interest in could be a problem, but unsecured is no problem.

By the way, Florida is not a community property state. It is an Equitable Distribution State.

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Answered on 11/14/10, 6:02 am


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