Legal Question in Family Law in Florida

My wife and I are separated. She is living in Atlanta, I am living in the Tampa Bay, Florida area. I was thinking about buying a house in this area. I have already been approved for a VA loan without my wife's signature or assets. Will I have a problem in Florida buying a home on my own while separated?

Asked on 6/21/13, 10:18 am

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law
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To be safe, you should prepare an affidavit for your wife to sign where she acknowledges that the home you are purchasing will be considered a non-marital asset and thus not subject to equitable distribution.

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6/21/13, 10:23 am
Brent Rose The Orsini & Rose Law Firm
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Under Florida law, if you purchase the house while you are married, she may be able to claim that the house is half hers as marital property.

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6/21/13, 10:35 am
John Smitten Carey and Leisure
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yes only because if you want to make the home your homestead in FL then your wife will have to participate at the closing otherwise the deal will not close.

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6/21/13, 11:33 am

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