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married but not legally separated when purchased home

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Jose.youthman

New member
Me and my spouse haven't been together for twenty plus years and have been living in different states for the past 14 years. But we aren't legally separated either. I bought a home by myself (only my name is on the deed) 14 years ago when I moved to Florida. I'm now trying to sell my home but my estate agent is telling me that there could be an issue since Florida would still consider my home "marital owned". Is my broker correct?
 


quincy

Senior Member
Me and my spouse haven't been together for twenty plus years and have been living in different states for the past 14 years. But we aren't legally separated either. I bought a home by myself (only my name is on the deed) 14 years ago when I moved to Florida. I'm now trying to sell my home but my estate agent is telling me that there could be an issue since Florida would still consider my home "marital owned". Is my broker correct?
Yes. Your broker is correct.

A link to marital assets:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
 
Last edited:

adjusterjack

Senior Member
I'm now trying to sell my home
Get your wife to quitclaim any interest she might have in the property. A properly executed and recorded quitclaim deed will satisfy lenders and title insurance companies.

If she won't cooperate, file for divorce and convince the judge to rule that the home is your sole and separate property.

You'll probably have to do one or the other before you can sell your house and you certainly should have been divorced long ago.
 

Taxing Matters

Overtaxed Member
Me and my spouse haven't been together for twenty plus years and have been living in different states for the past 14 years. But we aren't legally separated either. I bought a home by myself (only my name is on the deed) 14 years ago when I moved to Florida. I'm now trying to sell my home but my estate agent is telling me that there could be an issue since Florida would still consider my home "marital owned". Is my broker correct?
Yes and no. Florida is not a community property state. Thus your wife does not have an ownership interest in your separate property. But she may have a marital interest in the property the event of divorce. So legally you likely can sell it and convey good title to the property. But title companies are conservative and may not want to insure that transfer anyway given the potential marital interest.
 

Just Blue

Senior Member
Me and my spouse haven't been together for twenty plus years and have been living in different states for the past 14 years. But we aren't legally separated either. I bought a home by myself (only my name is on the deed) 14 years ago when I moved to Florida. I'm now trying to sell my home but my estate agent is telling me that there could be an issue since Florida would still consider my home "marital owned". Is my broker correct?
Why haven't you and your wife divorced at some point in the last 2+ decades? Do you know where she is?
 

zddoodah

Active Member
Me and my spouse haven't been together for twenty plus years and have been living in different states for the past 14 years.
In what state does your wife now live? In what state did you live when you were together? Why have you remained married despite being separated for over two decades?

I'm now trying to sell my home but my estate agent is telling me that there could be an issue since Florida would still consider my home "marital owned". Is my broker correct?
Will there be an issue? We can't possibly know. Could there be an issue. Absolutely. For your sake, I hope you know how to contact your wife and that she will be willing to release any possible marital interest without payment.

A properly executed and recorded quitclaim deed will satisfy lenders and title insurance companies.
Only if it's submitted into escrow and recorded concurrently with the other transaction documents.
 

LdiJ

Senior Member
Me and my spouse haven't been together for twenty plus years and have been living in different states for the past 14 years. But we aren't legally separated either. I bought a home by myself (only my name is on the deed) 14 years ago when I moved to Florida. I'm now trying to sell my home but my estate agent is telling me that there could be an issue since Florida would still consider my home "marital owned". Is my broker correct?
You apparently feel certain that your wife/ex wife has not divorced you at some point in the last 14 year or so. Have you been in close enough contact to actually make that assumption?
 

quincy

Senior Member
You apparently feel certain that your wife/ex wife has not divorced you at some point in the last 14 year or so. Have you been in close enough contact to actually make that assumption?
She might not only have divorced him but she might have remarried.
 

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