Legal Question in Real Estate Law in Florida

In October of 2010, my wife asked me for a divorce. We rent a condo now since the month before we lost our house to the bank. At the time my wife asked me for a divorce, she asked her wealthy sister to find her a new place to live with our 3 children. In December, my wife agreed to give our marriage another try due to our kids but has now told me that her sister is about to close very soon on a condo she bought for my wife. My wife says that the condo her sister is buying will belong to her (sister) but will be put in my wife's name since she is going through a divorce herself and wants to protect herself. My wife does not want to back out of the deal since it will affect her sister going through motions, putting down payment and losing her money. So my wife wants to move into the place, and have my sign an agreement stating that I understand I have no rights to this condo. So legally it appears the condo belongs to my wife (name on mortgage) but we would be paying rent to my sister in law. My question is , does this put me in a disavantage legally in anyway? I do not care about money but can my wife remove me from condo since she is the owner. we live in Orlando florida. plse respond. thanks Not sure if this is family law or real estate law.


Asked on 1/16/11, 4:33 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your question is both real estate and family law. If your name is not on the deed, you don't own it. If your name is not on the note, you don't owe money on it. Your sister in law is playing a dangerous game, if she is also going through a divorce, and is using marital funds to buy your wife a condo. In the event that your wife decides to tell you to move out, she will be the owner of the property, and will likely be able to force you out. Pay all of your bills, including the "rent" with checks, not cash, and keep good records so if everything falls apart again, you are not at a loss for where the money went.

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Answered on 1/21/11, 5:40 pm


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