can my spuse by the house without me being tied to the mortgage?

Asked by Kim, Tallahassee, FL Sun Feb 26, 2012

Help the community by answering this question:

+ web reference
Web reference:


Ellen Fokes, Agent, Tallahassee, FL
Sun Feb 26, 2012
A spouse has to be on the mortgage, but not the note. The mortgage gives the permission for a loan to be taken out on the property. This law was passed a long time ago to protect women from their husbands selling the house without her knowledge. The mortgage does not financially obligate you, that is the note. As long as your spouse qualifies with only his or her income, the other spouse does not have to be on the note. The note is what financialy obligates you. I hope I have explained this well enough for you, if not , please give me a call.
Ellen Fokes
Armor Realty of Tallahassee, Inc.
1 vote
Teresa Turner, Agent, Santa Rosa Beach, FL
Sun Feb 26, 2012
You can set it up so that your spouse is the only one who signs the promissory note and their qualifications are the only criteria used to qualify for the loan. You will still need to sign the mortgage here in Florida when it's your primary residence (aka your homestead).
1 vote
Rick Samuels…, Agent, Tallahassee, FL
Sun Feb 26, 2012
Yes. This happens alot. Please contact me and I'll send you some contact people's numbers at several local lenders. Thanks, Rick.
0 votes
Ray And Karen…, Agent, Mount Dora, FL
Sun Feb 26, 2012
Hi Kim!

Sure you can do this. You will have to qualify on your spouses income only.

Best Wishes,
0 votes
Alma Kee, Agent, Tampa, FL
Sun Feb 26, 2012
Yes, it happens all the time. You will have to sign at closing to acknowledge the mortgage if it will be your Homestead, primary residence. I don't believe your income can be be included to qualify, though.

If you are a first time homebuyer (or haven't owned a home in 3 years) we have a Florida Bond Program that can get you up to $7,500 to be used towards your downpayment and closing costs. Take a look to see if you qualify:…

You will need to get your mortgage from an "approved" lender on the list.

Good luck!
Alma Kee
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more