can me and my girlfriend buy a house without having the soon to be ex wife on any of the paper work?

Asked by JOElp24, 33811 Sun Aug 28, 2011

ok here it is! we have already purchased the home and then a month later the title company says they need the spouse to sign the papers aswell.we have been split for over a year and i had a paper signed and notarized by her waiving any intrest to the home .turns out she wasnt added to the deed but did add her to the mortgage,and she said she was offered money to sign also so my question is can the title company do that or is there some legal action i should take

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Alma Kee, Agent, Tampa, FL
Tue Aug 30, 2011
Sounds like the Title company didn't know you were married at the time of your closing... Did you tell them you were NOT married?

In Florida a spouse MUST sign at closing (we do NOT have a legal separation, it's an all or none deal, either you're married or divorced) to acknowledge a mortgage on a primary residence. We have "homestead" laws that protect a spouse's interest in the "homestead".

Your spouse (you're still married until you actually finalize your divorce) must sign and she may now actually have a financial interest in the house you just bought!

Contact a divorce attorney and take care of it!

All the best,
0 votes
Mark LeMenag…, Agent, Lake Nona Orlando, FL
Mon Aug 29, 2011
Joe, what a mess. You need a lawyer yesterday.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Aug 29, 2011
At this time, it's really in your best interest to consult with an attorney--he/she can better advise than any of us can...
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allan erps,A…, Agent, Pearl River, NY
Mon Aug 29, 2011
call your lawyer, Lawyer, LAWYER!!
0 votes
Brian Rayl, Agent, Dallas, TX
Mon Aug 29, 2011
I would also review all of your closing paperwork from the bank and title company. They should have given you a copy at closing. You should have caught an Ex's name on any of that paperwork at closing...

It's more than real estate. It's RAYL-Estate!

Brian Rayl
Keller Williams Elite - Dallas, TX
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Sun Aug 28, 2011
the best legal action you can take an atorney!

Just curious - How did she "get" on your mortgage without you knowing it?
0 votes
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