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If you live in Florida and buy a house and have a legal separation

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in from New York then...
If you live in Florida and buy a house and have a legal separation in from New York then want a home equity line of credit can the legal separation serve as a homestead wavier?
Submitted: 1 year ago.Category: Real Estate Law
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5/10/2016
Real Estate Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,694
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Sorry, but no. This is because if there is already a legal separation, then whatever purchase will be later may still be attempted to be claimed by the other party should there be a full divorce. In other words, the legal separation is not addressing later purchase, and only addresses what already has been accrued by the couple. Most lenders therefore will want a separate homestead waiver, although it is up to the lender. The good news is that one can request the Court that the other party sign off on it. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
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Real Estate Lawyer: Ely, Counselor at Law replied 1 year ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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Ely
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Ely, Counselor at Law
Category: Real Estate Law
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