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DEED and TITLE

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P

Pamster

Guest
What is the name of your state? Florida
If the wife is only on the mortgage papers and NOT on the DEED and TITLE, can the husband SELL the house WITHOUT the wife AGREEING TO IT or SIGNING papers?? PLEEEEEase respond!! Thank you!! Pam
 


M

Meursault

Guest
Pam, with ONLY the information in your post the answer is YES, the deed controls ownership, the mortgage controls the debt.

HOWEVER, the mortgage holder will not sign off on the sale if their account is not paid from the proceeds of the sale.

Now, what is going on?
 

nextwife

Senior Member
Actually, the answer is "maybe".

While being on the mortgage does NOT give one any form of ownership, being married during the acquisition of the property might. In states in which there are homestead laws regarding the primary residence, in the absence of a prenuptual agreement, a spouse may acquire Homestead rights to a primary residence in which the couple reside during the marriage.

Florida is an Equitable Distribution of Property State.
http://www.floridafamilylaw.com/equit.htm
So the answer to her question depends on factors that have not been posted here.
"EQUITABLE DISTRIBUTION OF MARITAL ASSETS

The general rules concerning the equitable distribution of marital assets, property acquired during the marriage, are as follows:
Although a party may have been at fault for the break-up of the marriage or another party may have been the primary wage earner, that does not entitle either party to more property or favored treatment.
Generally, each spouse is normally entitled to an equal share of the property accumulated during the marriage at the end of the marriage, regardless of which spouse earned a greater income during the marriage. Florida is an equitable distribution state, therefore , the courts will equitably divide the assets which may not necessarily mean equally divided. The following reasons will result in an unequal distribution of the assets:
Property acquired separately prior to the marriage and not commingled with marital assets will remain the property of the spouse who brought those assets into the marriage or minimally that spouse will be credited with the value of the property as of the date of the marriage upon divorce. This is not true, however, if the individually aquired property is deemed to have been "GIFTED" to the other spouse or to the marriage. If the property was commingled with marital assets, there is a presumption that the asset was gifted.
If the property was accumulated during the marriage as the result of a direct gift to only one of the spouse, whether by a third person or through a testamentary device , then the person who received that gift is generally permitted to retain the property, or to be "credited" with its value for purposes of dividing property upon divorce. However, if these gifts were commingled with marital assets, there may be a presumption that the asset was gifted to the non-recipient spouse.
The disposition of the family residence, if the parties own one. Frequently, the Court will permit the spouse being awarded primary residential responsibility to retain the marital residence until the youngest child reaches the age of 18 (19 if still in high school) then ordering the residence be sold and the proceeds split between the parties.
The liabilities or debts of the parties accrued during the marriage are subject to equitable distribution. "
 
P

Pamster

Guest
Deed And Title

Thank you for your info. The husband and wife bought the house 3-4 years ago as a married couple living in Fl. She has been living in TX. for 2 yrs. and not helping to support the house. She has her own home there (pre-marriage). They have been married 41/2 yrs. He is on a fixed income and taking care of his mom who has alzhemiers. Does this info help make it clearer as to whether he can sell the house??? Thanks again!!!
 

JETX

Senior Member
Sorry, but nextwife is not correct.
The legal OWNERSHIP of the property is set solely by the names on the title. That does not preclude the spouses right to distribution of any proceeds from the sale of the marital asset (property), which is what I think she is referring to.
 
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