HOA, Deed Restrictions, Homeowners Associations; in Hillsborough County

[cully]

I agree it is unusual.

Marshaljr15, you ask if the statement about the bylaw requirement for Board of Directors is true. I would hope that a board member...and especially one asked to be president...would know the bylaws.

And, then, that you wouldn't want to find a way around the bylaw.

So what's going on there?

[EngGirl]

Originally Posted by bentlebee

Florida law will make the house become marital asset after they get married so she automatically gets half unless he is putting the house in a LLC or different legal entity.

Not true. One of my husbands houses was purchased before we got married, so it was only his name on the mortgage and deed. It stayed the same way after we married - nobody could add me to his mortgage just because we got married, but as for deed, yes, spouse can add new wife, but it must be recorded and not automatic.

[IC_deLight]

Originally Posted by bentlebee

Florida law will make the house become marital asset after they get married so she automatically gets half unless he is putting the house in a LLC or different legal entity.

That's not even the law in community property states. Try finding a law to support your claim in Florida or any other state.

[bentlebee]

Well you will find out when you get a divorce and the one who is not on the deed will go to court for half the value of the house. Good luck telling a judge that they didn't put a dime in it as Florida law is very clear and we have closed on many homes people get divorces and one leaves through the back door to avoid more fights as the one buying the house and owning it all by themselves only realized after they get married and want to split up that they will loose half the value of the house.

Better check the law before you get married or put the house in a LLC or different entity to avoid it to become marital asset.

You don't have to believe me, that's totally fine with me but try to convince a judge.

The name of the spouse doesn't have to be on the deed for the husband or wife to be an owner after the marriage took place.

Every title company will ask if you are married or not when you are closing on a house and there is a reason for that. If you are divorced and selling a home they title company needs to see the divorce papers as it may be settled in court that one partner has signed not to get any interest in the house which in some cases happens in a friendly divorce or if one partner buys the other one out and of course with a prenuptial agreement there may be something arranged but as I'm not a lawyer I'm not sure how that can be handled in a prenuptial agreement.

I would suggest for anyone who doesn't believe me to contact a Florida real estate lawyer and to inquire about this.

Years ago I was under the same impression as some of you but I know better now and we had many clients who got the shock of their life when they found out when the title company or a lawyer informed them what Florida law is for this subject if no prior agreement is made (if that is even possible) unless the house is not bought or put in a LLC or perhaps a trust may be possible too.

[upgrader]

Originally Posted by bentlebee

Well you will find out when you get a divorce and the one who is not on the deed will go to court for half the value of the house.

Surprising, given the Florida concept of recognizing what was owned before the marriage in determining what gets split up.

Though not law, here's a straightforward writeup:

What Property Gets Divided in a Florida Divorce? - Florida Divorce Source

Specifically the first paragraph:

"When you woke up on the morning of your wedding day, you owned some things: a car, some clothes, a bank account, maybe a house. All of that remains your separate property during the marriage and does not get divided during a Florida divorce. That is, unless you do something to make it marital property (as opposed to your individual non-marital property)".

That leads to the question, does sharing your house with your spouse make it marital property? It might be arguable that any increased value of the shared living house be divided equally.

Then again, anyone can sue anyone over anything. Makes sense to document any personal assets you want to protect in case of divorce.

[EngGirl]

Hold it right there... Why are we talking about the divorce all of a sudden?
The original claim was:

"Florida law will make the house become marital asset after they get married so she automatically gets half unless he is putting the house in a LLC or different legal entity."

And this is not true. Yes, a wife CAN be added to the DEED after the marriage, but if it was not done officially, wife has nothing to do with the property, and cannot really be on the HOA board (original topic) since she is not property owner.

I wouldn't claim anything I have no professional knowledge of.

[Concert D Major]

HOAs are stupid.