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Posted by Jeff Strickland on May 5, 2005, 11:18 am
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I AM NOT A LAWYER.
If you are not on title and have no ownership, then it sounds to me like she
can take out a loan and can not be held liable. Additionally, it appears to
me that you paid rent to your wife for a few years.
She CAN hold title as a Married Woman, Sole and Separate, and she could have
held title as Single Woman before you came along. In either of these
instances, she could obtain new financing without telling you, and without
having you placed on the loan. If this were to happen, then she can ask you
to move out of her house.
You may or may not have a legitimate claim to community property, but with
the prenup, I suspect you are now homeless. It appears to me, from what you
have said so far, that you paid rent and utilities and bought your wife a
night out, or two, every month. You have no claim to her house.
If she told the lender that she makes enough money to support the loan
payments and that your income was not needed, then she can easily get a loan
on her own, especially when she is on title before the loan as Single Woman,
and after the new loan as Married Woman, Sole and Seperate. She can do this
without your knowledge or consent.
Now, had she bothered to use your income to qualify and had put you on
title, then you would have a valid claim to the property. But the court is
goind to determine it was her house before you came along, therefore it is
her house after you leave. You have to go buy your own home now.
> My current wife and I are seperated and looking to get divorced in Florida
> Now I find out that she signed a mortgage with cashout without my
knowledge
> and consent. 12% interest (!). We got married December 2003 and have
> prenup's. I was never on the title and had no ownership on the house
before,
> but I paid her 800.00 towards the housebills each month mainly in cash.
> Now I received a summons from court that she (vicious and backstabbing) is
> suing me (!) and wants to have the marriage annuled.
> I was told that lying on a mortgage application is a 3rd degree felonly in
> Florida.
> I have never signed anything regarding the house and its financing.
> Can I still file claims on the house, since I paid substantial amount
> towards it?
> What kind of problems can I cause her since I have courtcertified copies
of
> the mortgages where she claimed she is an unmarried person?
> I will seek legal advice from a family laywer but they sometimes do not
know
> the real estate laws that well.
> Thank you.
>
>
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