Legal Question in Real Estate Law in Florida

marriage and home ownership

My friend's mom died several years ago and left him a home. My friend has been living in this home separate from his wife (married for 10 horrible yrs). They plan to divorce, but in the meantime he has applied for refinancing on this gifted home but is unable to do it without his wife signing to acknowledge that she knows about this. And, she won't sign anything! Is there a way around this?? Is there any loopholes in this law?? From what we understand, the bank that financed this gifted home for his deceased mom years ago could balloon this mortgage at any time. Is this true?? If so, please tell us what can be done to prevent any of this from happening. Thanks so much!!


Asked on 5/22/07, 5:00 pm

1 Answer from Attorneys
Matthew Weidner Matthew D. Weidner, P.A.

Re: marriage and home ownership

Nothing here creates an attorney/client relationship; for more information and for specific legal advice, contact me directly for more information.

Spouses must sign on all documents affecting the ownership of homestead property. Spouses are not required to do so for non-homestead property. If the couple has not resided there and if it is not homestead, than he could sign an affidavit as such and proceed with refinancing, if not, she must sign or complete divorce.

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Answered on 5/22/07, 8:36 pm


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