Legal Question in Real Estate Law in Florida

I recently left my husband due to his affairs and drug addiction, because of this bad behavior on his part our home is in foreclosure. My name is the only one on the mortgage,because he had no income when we remortgaged for him to start a business which failed. Both our names are on the property. My mortgage co. is telling me that I can list the home for sale without his signature, that if he doesn't cooperate I can evict him. They state he has no more rights then a renter is this true, We live in the state of Fl. Any advice is appreciated. thank you Patricia McDaniel


Asked on 3/30/10, 8:24 am

2 Answers from Attorneys
Jean Winters Winters & Winters, PA

You can list the property without his signature but that is about it. Your mortgage company is wrong as to everything else, unless you are divorced.. In Florida, your husband has rights as long as you are still married. If you are still married, and he is living there, he has homestead rights. Even if he is not living there but you are still married, Florida law is tenancy by the entirety which means you cannot transfer the property without his consent.

Read more
Answered on 4/04/10, 10:05 am
Lesly Longa Longa Law P.A.

You can list the property, but if you bought the home after getting married you may need his signature to sell it. An attorney will have to see how you hold title. Don't take legal advice from someone who is not an attorney. Call an attorney and get a legal opinion about how best to handle this situation. Regards,

Read more
Answered on 4/05/10, 1:37 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida