Posted by James (Ala) on October 25, 2006 at 20:44:38:
Let me know how you go about convincing a soon to be ex-spouse to agree to be on the mortgage.
James (Ala)
Home Purchase while Pending Divorce - Posted by Tom Walker
Posted by Tom Walker on October 23, 2006 at 18:00:59:
I want to know what can be done in the state of Fl to purchase a home prior to my Divorce being final. Is there any agreement my soon to be ex wife can sign to allow me to obtain the mortgage without her signing for it. I have been told that because of the homestead law here in Fl that if I am not divorced at closing she has to be on the Mortgage. Thanks for the help.
Re: Home Purchase while Pending Divorce - Posted by River City
Posted by River City on October 25, 2006 at 09:59:50:
That is correct. However, being on the mortgage does not give her any rights to the home. Being on the mortgage has nothing to do with being on title. Being on the mortgage ensures that she knows if she is residing in the home and payments are not made, that she, along with you, may be evicted. It also makes her aware (as your wife) that you are purchasing property that she might have rights to in case of a divorce. Make sure her name does not appear on any other documents.
Why do you have to purchase this property before the divorce is final?