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Marsha411JD
Marsha411JD, Lawyer
Category: FL Real Estate
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Real Estate Law
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My wife is on the note and as I understand Florida Law we

Customer Question

My wife is on the note and as I understand Florida Law we both must be on the title. Am I correct? I am referring to our only residence which is a house in Broward County and we homesteaded after purchage
Submitted: 1 year ago.
Category: FL Real Estate
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. If your question was "should" both spouses be on the deed, then the answer is definitely. However, technically under the law, both spouses names don't have to be on the deed. That said, this is a very complex area of the law because of the Florida constitutional provisions which essentially prohibit a spouse from conveying homestead property without joinder (signed consent) from the other spouse. This is so whether the other spouse in on the deed or not. So, for example, if your wife were to try to sell the property, the title company and lender would require that you sign the contract and all legal documents, including the deed, even though your name is ***** ***** it. If they didn't require that, then you could stop the sale.

You can read a good short discussion of the issue at the following link: http://sarasotarealestateattorney.com/homestead-property-spousal-joinder/

But definitely yes, it is the absolute cleanest and easiest way to ensure there are no future mistakes with a sale or an estate, to ensure that both spouses' names are ***** ***** deed.

Please feel free to ask for clarification if needed after you have read the information at the link above. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
how do I find out if I'm on the title
Expert:  Marsha411JD replied 1 year ago.

You can go to the County Clerk/property appraisor and find out. Assuming you can't get the copy of the deed from your wife.

Customer: replied 1 year ago.
Can I see it on the title if I go online
Expert:  Marsha411JD replied 1 year ago.

Yes, if your County Property Appraisor has records online, which many counties in Florida do, and you search by your address, it will show who is named on the deed.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 14th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page), which is how we get credit for our work, that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.