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

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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Answered on 6/21/13, 10:23 am

Brent Rose The Orsini & Rose Law Firm

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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Answered on 6/21/13, 10:35 am
John Smitten Carey and Leisure

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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Answered on 6/21/13, 11:33 am

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