Legal Question in Real Estate Law in Florida
Before we got married, my wife bought a house as a "single person" in April 2005. She bought this house without me knowing, but either way, my name was not on the original deed. We married about a month later, separating after about a year or so. She refinanced the house in April 2007 and I'm fairly certain she forged my name on the refinance documents. Her excuse for this is that she needed my signature in order to refinance, but we had already been separated for almost a year. My question is, in this situation with being separated for that long and without my name on the original deed, would she have needed my signature to refinance?
1 Answer from Attorneys
If it was her homestead, she would need your signature to refinance or to sell. Once divorced it wouldn't be required.
If you didn't sign the papers for the refinance while you are married and it is her homestead, then the mortgage never properly attaches to the property. If she forged your name, then both her and the notary and witnesses could have some legal issues. Both civil and/or criminal.
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