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dana_sunbeam · Joined: 16 Mar 2009 Posts: 1 1.41 Dollars($)

I purchased a home in FL in my name only and I alone signed the "Note" (promise to repay). At closing they said my spouse had to sign the mortgage, also. The closing co. filed the warranty deed with both our names (I found this out after it was already filed), however, as sole purchaser/owner I did not want his name on the warranty deed and signed no contract to allow his name on the warranty deed. He will not agree to sign over his rights. Was it legal for them to put spouse's name on deed? If not, how do I get this corrected?

Guest

Hi dana,

If you were the only one on the title, I don't understand why the loan company put your spouse on the title. If your name is on the deed they could easily have given you the loan. I don't see any valid reason why your husband was included in all this. But I believe you must have signed the deed to add him to the title, otherwise they wouldn't have been able to do so. It will not be easy to reverse the deed now, unless he signs it back to you. I think you should consult an attorney and check the possibility of reversing the deed.

Guest

Thank you for your response. I do not believe I signed anything to add my spouse to the title(warranty deed), atleast not knowingly. Am I right to believe that just because he had to sign the security deed/instrument for the lender (protecting the lender's interest in the event of foreclosure) that it doesn't make him an owner, unless I agree? I belive there was a mistake made by the closing attorney's office when they put his name on the title, because I would have never knowingly signed for that. It sounds like I probably need legal help!

Guest

Hi Dana,

In case you didn't sign any deed to add him to the title knowingly, I believe you have a chance of proving that the deed was signed under false pretense or without disclosing proper information to you. Consultation with an experienced attorney seems to be the right option for you at the moment.

Guest

I have been doing mortgages since I moved here in 2004, and even if one spouse is on the loan and the other is not, that other spouse has to be placed on the deed, because Florida is an equitable property state, and any real estate obtained after you are married you have to come to some percentage of dividing if you divorce. It is not automatic 50 - 50 as in community property states, although a 50 - 50 split is usual. Someone who use to do title work told a friend of mine that the other spouse does not have to be added, and as of this date I am trying to find a definitive answer, because as I mentioned every mortgage company I have worked for, requires the spouse to be placed on the deed.

gmakerley · Posted: Tue Oct 20, 2009 10:52 am Post subject:

law is an ever-changing thing (just as love is a many-splendored thing). i learned many years ago, that a borrower can make up his or her own mind as to how to borrow or own property. in other words, if two people are married, one of them could own the home while both would be eligible to borrow. that's what i was led to believe was how we as lenders were required to handle it. i remember it quite clearly that many self employed people would place their homes in the name of their spouses in order to avoid any difficulty should their businesses fail.

it still makes sense to me, but it seems more and more that lenders require that whoever signs a loan note must also be an owner.

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removing spouse from warranty deed

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