Legal Question in Real Estate Law in Massachusetts

Purchasing real estate without spousal consent

I am trying to purchase some property in Florida with my girlfriend as a co-borrower. I have filed for a ''joint petition, no-fault'' divorce from my estranged wife whom I have been separated from for 20 years. The affidavit and agreement for divorce documents have been signed by both my wife and myself, and the paperwork has been filed with the local court. No court date has been set at this time. The problem is that the lender in Florida has told me that in order to purchase the Florida property, my wife's name must be on the deed if we are not legally divorced. Of course, this is unacceptable to my girlfriend. I'm not sure what the Florida law states. There is a Florida statute (Title XL, Section 708.08) that seems to allow a married woman to purchase property (among other things) without the consent of her husband. My question, is my interpretation of this statute correct, and if it is, can a man who is not yet divorced (but who is well on his way to be), purchase land without his wife's consent (or her name being on the deed or mortgage). Thank you for your help in this matter.


Asked on 6/27/03, 9:17 am

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Purchasing real estate without spousal consent

This is the third time I have rejected this question. Because it pertains to Florida law, you must submit it to a lawyer who is licensed to practice in Florida. Please do not submit it again in Massachusetts. Thank you.

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Answered on 7/02/03, 1:23 pm


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