Can I buy a house on my name only or my future husband has to be on the title?

Asked by Lali, Miami, FL Wed Oct 15, 2008

I am getting married in November and I want to buy a house on my name only, but the closing date is going to be after we get married.

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7
Carla & Marc…, Agent, Cooper City, FL
Thu Oct 23, 2008
Hi Lali,

Congratulation on both your marriage and purchase!

You should contact an attorney or a title company with any questions related to real estate transactions if it makes you more comfortable.

The state of Florida is a marital state, so on your primary residence (homestead property) your husband will have to be on title. The same is not true for investment properties.

If you would like help with your purchase, feel free to contact me at http://www.floridamoves.com/carla.rocha

Good luck to you.

Regards,
Carla Rocha
0 votes
Bill Eckler, Agent, Venice, FL
Wed Oct 15, 2008
Lali,

We agree with others who have prompted you to seek the legal advice of an attorney. It's best to understand your options as well as what the choice brings in terms of advantages or disadvantages. An attorney would be best equipped to do this for you.

Good luck,
The "Eckler Team"
0 votes
Mott Marvin…, Agent, Sunny Isles Beach, FL
Wed Oct 15, 2008
Best to get advise from a real estate attorney. At closing you will be asked how title should be... In the case of being married at closing- both names should be listed. I'm sure an attorney can help sort this dilema out.
0 votes
Keith Sorem, Agent, Glendale, CA
Wed Oct 15, 2008
Lali
I suggest that you discuss this with a title officer or an attorney. If you have a pre-nuptial agreement you may be able to negotiate that...but do it with an attorney ahead of time.
0 votes
Angela Schra…, Agent, Pembroke Pines, FL
Wed Oct 15, 2008
Dear Lali:

Congratulations on your marriage and on buying a house - you must be very excited about both.

To answer your question, I do not believe that there are any provisions in Florida Law that would require that your husband-to-be sign the Deed. As long as you are not married at the time, (and even if you are), you can take the Deed in your own name.

HOWEVER, when you marry, the legal status of your ownership will be Tenancy-by-Entireties, regardless of whether or not your new spouse is on the Deed. As a Tenant-by-Entireties, he will have the legal right to inherit the property from you outside of probate.

Not putting your fiance on the Deed could create another related problem, in that a lender will probably not be willing to give you a mortgage on the property without your fiance's signature on the mortgage. When the 2 of you do marry, your new spouse will automatically obtain homestead protection that will create a problem for a lender who might want to foreclose on the mortgage. Basically, if you were to default on your mortgage, and the lender were to attempt to foreclose, your husband would be able to assert his homestead rights, and the bank would have no recourse against him, because he was not a signatory on the mortgage.

This is definitely an issue that you should carefully discuss with an experienced Florida real estate attorney. There are disclaimers that can be added to the legal documents surrounding the conveyance and mortgage to assure that everyone's interests are protected, and especially to satisfy the mortgage lender's need to protect their interest in collateralizing the property.

Long story short - your fiance's name does not need to be on the Deed, but it might make sense to take the property as "Mary Smith - a single woman and John Jones - a single man", and then use a quit claim deed to convey the property to the 2 of you as a married couple, once the wedding takes place.

I hope this helps and if you haven't chosen a Realtor yet, I'd be delighted to work with you.

Best regards,

Angela Schrager
Villa G Realty, Inc.
Pembroke Pines, FL
Web Reference:  http://www.villagrealty.com
0 votes
Kathleen Ja…, Agent, Palm Beach Gardens, FL
Wed Oct 15, 2008
Your furture husband does not need to be on the mortgage or deed if you purchase and close on the property before you get married.
If your to purchase a second home once you were married he would
0 votes
Anne Millian…, Agent, Winter Park, FL
Wed Oct 15, 2008
In Florida, if this is your main residence, and you close after you are married, your husband will have to be on the deed.
0 votes
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