Reply by PAW on 8/19/10 10:08am
Msg #349585
If you're looking for an interpretation of the real estate and probate laws, you really need to contact an attorney. Family Law, Real Estate Law and Probate Law would be the areas of practice to look for.
However, Florida is not a community property state, but is a homestead state. Whether or not a spouse has an interest in the property depends on how title is held, whether or not the property is the spouse's homestead and homestead protection has been recorded. Typically, the primary residence of married couples are vested as "tenants by entirety" and homesteaded. Therefore, the spouse would have a vested interest in the property and should sign the mortgage (security instrument) as well as some other property related documents. Investment properties, 2nd homes and vacation properties may or may not be held by both spouses. In those cases, only the spouse with vested interest would be required to sign the mortgage.
There are other unique circumstances that may require or prohibit the need for a spouse to sign the mortgage. For that, you need to seek the opinion of a practicing Florida attorney.
|
