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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35342
Experience:  16 years real estate, Realtor. Landlord 26 years
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Really looking Florida real estate expert on this one.

Customer Question

Really looking for a Florida real estate expert on this one.
Married and living in Florida. My husband has a federal restitution lien. Can I buy a house in my name only?
My husband has a federal restitution property lien filed against him in King County, WA that he got well before we were married (similar to a tax lien).
We are married and now live in Florida. I make 100% of the income and have been approved for a mortgage in my name only (he has signed nothing, hasn't had credit pulled, etc.). We want to both live in the home with our kids as our primary residence.
My fear is that at closing the Title company will find out that he has a lien and it will screw everything up for me buying this home. Will the title company look into my husbands title report? Or just mine? Is it possible to prevent his lien from messing this all up and have me own the home 100%?
I have heard that as long as the title is in my name only, which can be done, then this shouldn't be an issue. I also heard that my husband will need to sign on the mortgage so the bank can foreclose if needed without him doing a Homestead claim. Is this true?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can I buy a house in my name only?

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Yes, there is nothing that would prevent you from purchasing the house solely in your name and keeping it as your sole property. In the purchase process, your husband would have to sign off as a "non-borrowing spouse" in order to pledge any potential marital interest that he has in the property as collateral for the loan.

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But as long as his name is ***** ***** on the title or deed to the property, then the federal lien wouldn't attach to it and they couldn't take any action because that is his separate debt and not a marital debt that is owed by both of you.

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So the key here is to keep everything separate and not have his name on the deed at all.

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And if you are the only borrower, then the lender should just be running your credit, not his, since he is not an applicant.

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thanks

Barrister

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