Legal Question in Family Law in Florida

homeowners rights

If you own a home and then get married. Then seperate but no divorce. Does your husband have a right to the house? Can you sell the house without your husband? My name is the only name on the deed. I am in debt and need to sell my home.


Asked on 10/03/07, 11:35 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: homeowners rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you are married, any Buyer's attorney or title company will require your spouse join in by signing the Deed in order to transfer clear title to the home. Your spouse may have some claim or rights to the property and it must extinguished by virtue of the deed from him to the Buyer regardless of how the house is titled.

Scott R. Jay, Esq.

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Answered on 10/04/07, 11:40 pm


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