Does anyone have a Florida real estate attorney they could recommend.

I bought a house years before marriage on my own as a single man. Paid for in every way by me, still paid for by me out my own bank account. I got married a year or so ago but have kept the house and our bank accounts separate, except for a new joint account that pays for other things (not house related).

I am refinancing the house and want to understand if it will cause the property to become a marital asset. Everything is in my name.in the paperwork and the title and loan will stay in my name. The mortgage document says my name and joined by spouse wife's name... Trying to understand if that has an implications to premarital asset status.

Happy to get on the horn with a Florida attorney and pay for the time.

Thanks in advance

I'm not an attorney but I am pretty sure if it is your primary homesteaded residence it will become a marital asset.

I am not a lawyer but deal with real estate in FL all the time.

Check with this firm.

https://www.myfloridalaw.com/

They have a case on point on their website.

https://www.myfloridalaw.com/a...he-marriage-florida/

quote:

Originally posted by sig2392:
I am not a lawyer but deal with real estate in FL all the time.

Check with this firm.

https://www.myfloridalaw.com/

They have a case on point on their website.

https://www.myfloridalaw.com/a...he-marriage-florida/

Great read. Cliff notes, pre nup or post nup is the only way to go for protection of the pre marital asset.

Also depends on your lender. Is your wife on this new loan ? If yes they may not let you close without adding her to title. If she is not on loan you should be able to take title as “ACTEG, who acquired title as a single man”. Will also depend what your title company will insure as well. Wife may need to sign a quitclaim or inter spousal deed. But that still likely doesn’t protect this asset in a divorce. Is an attorney handling the close ? What do they say? But you likely need to consult your own attorney.

quote:

Originally posted by ACTEG:

quote:

Originally posted by sig2392:
I am not a lawyer but deal with real estate in FL all the time.

Check with this firm.

https://www.myfloridalaw.com/

They have a case on point on their website.

https://www.myfloridalaw.com/a...he-marriage-florida/

Great read. Cliff notes, pre nup or post nup is the only way to go for protection of the pre marital asset.

That may fly just like a lead balloon.

What the classification of the asset is for marital asset or not I do not know, that is a family law issue.

As a FL real estate attorney I can tell you that your spouse has a constitutional right to the homestead because she is your spouse and lives there. So if you refinance she will need to sign the mortgage. If that is an issue then you should know it now.

This doesn't mean she is "on the loan" as a borrower but she must join in the mortgage.

A local family law expert could tell you one way or another, conclusively, whether there is any effect to having your wife on the refinance mortgage and/or note.

After finding out what effect the wife's being named on the refi docs may have, you might decide not to refi at all.

Saving a few bucks on interest by refinancing might not be worth it, if that would complicate ownership/titling/asset treatment in a way you don't like.

I called another attorney and have your answers
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This message has been edited. Last edited by: Timdogg6,

Not licensed in FL & not a family or property attorney.
But very possible. Best course of action would be to engage a family law attorney for the purpose of drafting an agreement setting forth the parties' respective title interests. Not certain if this could be done w/o a full post-nup, I'd assume so, but I know it can be done in conjunction with a pre/post-nup.

Might as well do a post-nup as well.