When Buying A Home Make Sure Your Name Is On Deed

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce clients don’t realize that what they do years earlier when the marriage is in the “good times” stage, can have huge ramifications, when, years later, they are facing a divorce that they never imagined would happen.   Take buying a home, for example.

If prior to the wedding a man puts up all the money, takes the mortgage and note in his name only, and purchases a home with his name only on the deed, later, when he marries and the marriage fails, in divorce court, the husband can change the locks, throw the wife out on the street and she then has to fight in divorce court for an interest that is legally hers by virtue of the marriage.  It makes life difficult when a spouse is not named on the deed to a marital home.  

Many spouses who have good credit, put their names on a mortgage and note as a favor for the other spouse, who may have bad credit.  When a divorce occurs, the “good credit spouse” is at a disadvantage if the mortgage and note go into default caused by the other spouse.  That also makes it more difficult to refinance to get your name off the obligations.  “Good credit spouses” oftentimes are lulled into the marriage in the first place just for their good credit.  What happens is many husbands and wives end up getting divorced, with a newly acquired bad credit, and their name attached to an obligation on an asset they no longer have.  If the other spouse cannot qualify for a refinance, the house should be sold, but this doesn’t always happen.  Divorcing couples need to be careful about the language in their marital settlement agreements concerning the marital homes. 

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

 

Do You Lose Rights If You Leave The Home?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many divorcing people believe that if you leave the marital home to take an apartment, or to co habit with a paramour, that you will lose your rights to the marital home.

While that may be true in other states, in FLORIDA,  if your name is on the DEED you will not lose your ownership rights simply by relocating during the divorce proceedings.  That is assuming there are no other extenuating circumstances whereby your rights to the home will be forfeited, including situations of extreme marital waste.  But having your name on the deed generally assures your ownership.

Notice I said DEED and not mortgage, promissory note or other instrument.   The title document is the DEED, it must be recorded, and your name has to be on it.    If you are thinking about divorce in Palm Beach  County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Moving out of the marital home in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When clients come into my office to retain the Firm to represent them in their divorce, they often ask the question, “What happens to my rights if I move out of the marital home?”

There is no such thing as abandonment under the laws of the State of Florida.  If your name is on the deed, you do not lose your rights to the marital home even if you leave it. 

In the rare instances where clients contribute to the value of the marital home, by making mortgage payments, or financing a pool, but let’s say, it belonged to your spouse prior to the marriage, your actions still give you a “sweat equity” interest in the home even if your name is not on the deed.

Lawyers know the nuances of what is marital and what is not, so it is best to consult with one before you get upset about losing your rights.  For more information about this subject or other divorce proceedings, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or set an appointment to consult with one of the attorneys at the Firm by calling 561-835-9091.