Refinancing And Florida Mortgage Laws

[Angor]

I owned a home prior to getting married and my husband has a home also. I would now like to refinance my home(my husband is not on my mortgage), but I'm being told that since Florida is a common law state, he will have to sign on my mortgage. We are separated, he living in his house and me in mine. Is this true? and explain please. Thanks

[Alasdair]

Jackie,

Thanks for the question. I reside in Ohio, and the law is similar here. As a married person, even if you live separately, there are certain legal rights granted to the spouse, regardless of the true circumstances of the relationship. I am not a real estate attorney, and to be completely certain, I would recommend speaking to one. Another resource, would be the title or escrow company for your transaction.   

When a spouse is signing on a mortgage, it is nothing more than an acknowledgment that you are placing  a mortgage on a piece of community property.  He should not be on the note that would obligate him to pay, and you may also ask the question if he can "sign away" his community property rights.  In Ohio they are called dower rights, and they can be waived.  This would preclude the necessity of having your husband be a part of the transaction. In most states, if you owned a piece of real estate prior to the marriage, it is excluded from the marital assets, and community property rights and you may be required to prove ownership prior to the marriage to the lender. These types of issues are typically up to the individual lender as to how they wish to document things to protect their interest in the property.  Your loan officer may be able to assist in getting that particular answer from the lender.  

Other than that, I think it would be a good idea to consult an attorney. Best of luck.