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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Reside in the State of Florida. My wife and I were recently

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Reside in the State of Florida. My wife and I were recently married but she has an unsatisfied judgement against her resulting from a foreclosure on a house she previously owned. We currently live in the house I already owned prior to our marriage. We're considering buying a new house, and I would be the only person on the note. Given Florida is a community property state I'm assuming she will need to sign the mortgage for the new house, however, even though she won't be on the note. Would the new house, by default, become an asset of hers that the creditor of her previous outstanding judgement could pursue or put a 'secondary' lien on?

Thank you for your question. Please permit me to assist you with your concerns.

Florida does not happen to be a 'community property' state--it happens to be an 'equitable distribution' state. The difference is while under community property all assets obtained while married becomes 50/50 owned by both spouses regardless of who is on title, Florida still looks to actual listed ownership and then splits the property based on fairness and equality rather than a straight 50/50 split. That means that if your name is XXXXX XXXXX one on the title for this property, the property does belong to you even though your spouse would have a potential equitable share. That property is not able to be pursued by creditors as it is not strictly marital, and that home, provided she is not on the title, does not become hers by default. In other states the answer may be different but in Florida her not being listed on the property would keep the creditors from being able to place a lien against the property.

God luck.

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