Legal Question in Wills and Trusts in Florida
Im married , live in Fl. Im planning buying a house. Im having problems with my wife and we may separate. If i buy the house, does she owns half? Is there any way to avoid this? make her sign a paper? Im the one paying for everything.
2 Answers from Attorneys
She may not own half, but she would have a marital interest in it if it becomes your homestead. To avoid it, she would have to enter a post-nuptial agreement. If you do, make sure that each of you have independent separate legal counsel.
Before purchasing the residence you should obtain a written waiver of her rights in the "homestead" real property (assuming it is to be your personal residence). Otherwise, she will possess a marital interest in the property and you will need her signature (so long as you are married) to sell the real property. Consult with a lawyer before you start the transaction.
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