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what are my rights if my name is not on a deed but married florida Preview on Page 1.

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A quit claim deed transfers the legal ownership of the property from one party to another, and doesnt require attorneys or legal help, unless you choose to consult an attorney.
Its usually a very straightforward transaction, but its possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
Sometimes, however, the home may be owned in one spouses name alone, or perhaps in one of the spouses trusts alone. In that situation, even though the surviving spouses name is not on the deed, the surviving spouse has rights to that property under Floridas constitution.
A seller can allow a buyers attorney to prepare the deed or the seller can retain a Daytona real estate attorney to represent the seller during the real estate closing process. All deeds executed in Florida must be signed in the presence of a notary public and two witnesses.
ANSWER: The are only two ways to remove a spouse from the responsibility for a mortgage: 1) Refinancing or 2) Selling the home. Either of these options will ensure that the shared financial responsibility of the mortgage debt is also separated.
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A: Yes. According to the Florida constitution, in order to sell or mortgage your home, you must get your spouse to sign the deed or mortgage. This applies even if you owned the property prior to the marriage and even if your spouses name was never on the deed.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
Holding Title as a Married Couple In Florida, married couples can own a title in the form of a Tenancy by the Entirety, where each spouse is the owner of the entire property.
Because Florida is not a community property state, property held by either spouse alone is considered separate property and is not available to collect by a creditor of the non-owner spouse. Furthermore, any Florida assets held jointly as tenants by entireties are exempt from creditors of either spouse.
The husband and the wife must receive title in the same deed or other instrument; The husband and the wife must receive the same interest; and. The husband and the wife must have equal right to control or possess the property.

what are my rights if my name is not on a deed but married in florida