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Old 06-30-2009, 06:31 PM
 
4 posts, read 6,422 times
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My wife and I have recently separated. We are still great friends. She just recently bought a house in New England. I am in the process of closing on a house in Florida. I was told that she must still sign a homestead form even though she is not on the mortgage application. Is this true? And if we should find a way to show that we are divorcing must she still sign? Doesn't make much sense if she has her own house now. Any suggestions would be most appreciated.
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Old 07-01-2009, 07:12 AM
 
Location: Orlando
8,276 posts, read 12,875,158 times
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Consult an attorney but I suspect you eill find she will have to be on everything if your divorce isnt final. She may end up on the deed as well. something to be aware of.... I had a client that the ex ended up on her mortgage docs too.
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Old 07-01-2009, 07:23 AM
 
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You can never force someone onto a mortgage doc, unless the applicant didn't qualify on their own and the ex agreed to co-sign. I don't know of a single state that requires a spouse to be on a deed, even if they are on the mortgage. Most require the spouse to sign a waiver stating that they are aware of the transaction and waive all rights to the property.
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