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luckycharmfarm · Joined: 13 Oct 2009 Posts: 1 1.34 Dollars($)

my family member learned of his wifes prior bankruptcy at the closing of a house they were attempting to purchase. in order to complete the transaction, "it" had to be in his name only.

i assume "it" was the loan.

does that also mean her name is not on the deed?

and what rights does she have to the house by virtue of being married to him?

thank you in advance...

adonis · Posted: Tue Oct 13, 2009 7:36 pm Post subject:

Hi luckycharmfarm,

You are correct in assuming that "it" refers to the loan. It does not mean that the wife's name is not on the property deed. You will have to check out the property deed in order to see if the wife's name is included in it. If the wife's name is not on the property deed, then she won't have any rights to the property.

Florida is not a community property state. So, the wife will not have any rights to the property just because she is married.

Posted: Tue Oct 13, 2009 8:16 pm Post subject:

If the wife isn't on the loan, she isn't on Title either.

adonis · Posted: Wed Oct 14, 2009 12:23 am Post subject:

Hi Guest,

As the wife is not on the title of the property, she will not be considered as a owner of the property. Thus, she won't have any claim over the property.

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name on loan vs name on deed (florida)