Legal Question in Real Estate Law in Florida

Does wife need to be on title in Florida?
I am married, but was planning to buy a condo in my own name in Florida. I did
that earlier this year, and my spouse was not on any of the papers.

I have been told by the mortgage company I am using for THIS purchase, that if
you are married, the spouse's name needs to be on the title.

Is this true? And if so, why wasn't it a requirement for the previous purchase?

Thanks

Asked on 12/13/05, 12:03 pm

3 Answers from Attorneys

Judith Deming Deming & Associates

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Re: Does wife need to be on title in Florida?

Each state's laws are different. You do not have to have a spouse's name on title to real estate in California unless the lender is looking to both of you on the loan (i.e., you are both signing on the loan), in which case, the lender wants the spouse on the title so the spouse can also execute the deed of trust. Also, if you buy as your sole and separate property, and you are getting a loan, the lender and/or title company will want the spouse to quit claim off the title to avoid a claim of entitlement based upon community property laws. Lastly, even if a spouse is not on title, if community funds are used to purchase and/or maintain property solely in the name of the other spouse, the non-title holding spouse can always make a claim on the property later on. NOTE: this is based on CA law--I do not know Florida law.

Answered on 12/13/05, 6:07 pm

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