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Oak Harbor Law

Posted on: 27th Jul, 2011 08:32 pm
In the state of Florida, is there a law stating if a couple is married but one party does not plan to live in the home (due to separation), due the party not planning to live in the home have to sign a "truth to lend" deed, or have their name put on the mortgage. If that is true is that party also responsible for any financial payments if the party living in the house cant make payment.
Hi darkmancoop,

Well... if both the spouses are on the mortgage, then though one of them does not live in it, he/she will be responsible for the mortgage payments if the other person is unable to pay it. However, if the other person refinances the mortgage in his/her name, then the person not living in the property won't be responsible for the mortgage payments.

Thanks
Posted on: 27th Jul, 2011 11:32 pm
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