construction loan without spouse – Florida

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construction loan without spouse – Florida

I have been separated for 11 years. I am building a house with someone else. I am told by the bank that their name must be on the deed. My spouse is ok with signing something so that his name is on deed..knowing that he has know rights or ownership to the hose. Can this be arranged?

Asked on August 20, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, as a general matter, he can give up his interest in the house in writing, but it must be in writing--if he does not do that, then--estranged or not--since you and he are will married, he will have a right to the house. To make sure that his giving up his interest in the home is done properly and is enforceable, let a family law attorney help you with this. You also need advice on how your state's "homestead" law--which most states do not have--and which, among other things, protects a spouse's right to property on the death of a spouse, may affect his interest and ability to give it up. You need legal counsel on this: don't try to do this yourself.


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