Legal Question in Real Estate Law in Florida

Florida real estate law

I live in Ohio, but want to visit and purchase a condo in Florida. Can I sign an Offer to purchase,close, and take title in my name only if I am married?


Asked on 8/08/08, 8:12 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Florida real estate law

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.

Yes, if you are paying all cash. If you need financing, almost every lender will require your spouse to sign the Mortgage and several other loan documents including the Truth In Lending. The execution of the mortgage is to ensure that the lender can foreclose without any homestead issues in case you default on the loan.

The condominium association might require both spouses to apply for ownership and/or be screened. This can include an interview at the association office.

Please keep in mind that when you go to sell, some title companies or real estate attorneys might request that your spouse join in on the deed to the buyers. Alternatively, a Non Homestead Clause in the deed might be sufficient.

Scott R. Jay, Esq.

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Answered on 8/10/08, 11:48 pm
David Slater David P. Slater, Esq.

Re: Florida real estate law

yes

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Answered on 8/08/08, 8:27 am


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