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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in Ct. My husband lives in Lakeland Fl & wants to

Customer Question

I live in Ct. My husband lives in Lakeland Fl & wants to purchase a house in Lakeland.
The lending company says that because we are still legally married, my name has to be on the Title, but will not be on the actual loan. They want me to sign papers, & then want me to quit claim back to him.
I understand that I wouldn't be responsible for the loan obligation, but it seems with partial ownership comes responsibility & some sort of obligation to the town or county. I would like to be able to help him but .....I'm scared.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FL law, they require a married person to be placed on the deed with their spouse, even if their name is ***** ***** the loan. The problem is that lawyers do not like to use waiver forms where you waive your spousal interest in FL, because the FL law disfavors those types of agreements. So the FL attorneys want you to take the deed in your name and if you want no further interest in the house, you have to quit claim your interest to your spouse. The problem is if you do so, if you divorce, you can no longer claim any interest in the house.
With your name on the deed, you could potentially become liable if property taxes are not paid and do have ownership liability for the house, but again, you would retain an interest in the house as owner as well in case of divorce.
An alternative is to enter into a postnuptial agreement creating a separate property regime and declaring that the house would be his sole and separate property and waiving any interest in the house, but again FL attorneys do not like this nor do the courts as they feel a spouse can make this as an emotional decision and it can later be fought in court, whereas if the spouse voluntarily subsequently quit claims their interest in the property later, that is a decision the court would bind the spouse to and could not be undone.
The process they are asking you to follow is the common way to remove you from the deed used in FL.