What does it mean for a spouse to "sign" a contract,deed, or mortgage if the couple is separated?

Question

If one spouse is out of state and the other is trying to buy a home in Florida before they are divorced, what has to be done before you can complete the sale? Can the spouse sign an acknowledgement? If they sign the mortgage, are they responsible or are they just "on the mortgage"?

Please Help!!

Answer 1

I would seek legal counsel on this, but from what I have experience with in Fl, the spouse purchasing will need to be shown as seperated on the deed, they will also have to at least show the seperation agreement and this may not be enough to relinquish spousal interest in the property, I would seek an attorney's opinion on this.  As far as the mortgage goes, if that out of state spouse signs the note, they are responsible and it will either take sale of the property, a refinance or an assumption of the loan to get them off.  Seperations are tricky so seek legal counsel, the last thing you want is an ex spouse having a claim to your property