Legal Question in Real Estate Law in Florida

Sale of marital property to purchase another, without consent of one spouse

My mother wants to sell her and my dad's property to buy another one,

and only list my sister and my mother's name on the deed.

My father does not agree to the sale of the property. However, will sign

the documents. Does his name have to appear on the new deed, since it

was his half of the propert that was used to purchase the new home?

thank you.


Asked on 1/26/05, 2:03 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Sale of marital property to purchase another, without consent of one spouse

He should not sign anything without first speaking with a real estate attorney. he is creating a problem by letting his name be removed.

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Answered on 1/26/05, 2:37 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Sale of marital property to purchase another, without consent of one spouse

To answer your question, his name does not need to appear in the new deed. Also, if he is willing to sign documents to do something he does not agree with, then I'm confused as to why he would sign such documents. If I was your father I would not sign any documents without first having a meeting with a real estate attorney.

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Answered on 1/26/05, 6:42 pm


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