My husband is trying to take the equity/refinance our house without me.?

I am in the state of Florida

My husband is planning on leaving me, (other women) We got married in 2002. I had a property at that time in just my name. He went to jail, I sold my property to get him a good lawyer because I know we had the other house. The 2nd house "The marital property" was bought in just his name, even though it was bought after our marriage, my name is not on the deed or the loan. Now he is planning on taking out all of the equity and leave me to pay the bills. Is there anything I can do to stop him from taking out the equity, refinancing or from selling the house without me. According to Fl law I have interest in the property. We have a newborn and he has a son. I was thinking of filing a lien but I am not sure how to do that or if there was another way. Please help!!! I am desperate

Florida is a community property state.
If the property is your primary residence your husband CAN NOT refinance without your signature regardless if you are on the deed.

Lucky you are in Florida, this is not the case in many other states!

The title company will NOT allow a refinance to go through without your signature on the Mortgage. This document puts the property up as collateral, and must be signed by ALL parties with interest in the property. (This document also requires a Notary and two witnesses so him just forging your name is not going to happen)

This rule does not apply for non homestead properties, if he lies to the Title Co/or Attorney, you will have a claim against the property. You will need to contact an attorney

I have seen transactions make it all the way to the closing table without the spouses knowledge.....only to find that the transaction must be cancelled because the spouse is unwilling to sign.

FYI - Almost every county in Florida can be viewed online for Free. If you do a search for Your County in myfloridaclerks.com you can search for all the recorded documents under his name. It it delayed about a week but you can see if a transaction occurred without your knowledge.

Please note, the property must be addressed in your divorce, once you are divorced, you know longer have an interest in the property.

Good Luck to you

***Updated*** Response to Question Addressed to me
I have worked in the state of Flordia as a title officer for about 5 years. Florida is a unique state unlike any other. Not only is it a Community property state, it is also Homestead.

In order for a transcation to be completed by any party. The only way a transaction can occur is if the husband lies and states he is not married or does not live in the property. In both cases, he will have to sign an affidavit to this effect and she can just come back and sue him.

Walking into a closing with a Fl Title Officer or an Attorney. This is the first question asked because the Mortgage MUST show marrital status for a title company to insure. If there is any doubt, the transcation will NOT occur.

To the origianal poster, Contact your local title company and they can explain. Florida is like no other state,

YOU HAVE A INTEREST IN THE PROEPRTY BY MARRIAGE, IT DOES NOT MATTER IF YOU ARE NOT ON THE DEED!

I looked for some info online see this website https://www.ordermytitle.com/faq.php

"Florida, Pennsylvania, New Jersey, Ohio, Michigan, California and North Carolina â€“ A signature from a non-titled spouse is required on all lien instruments to be recorded.

If the house is in his name, he can do it.
Talk to an attorney right away before it's too late (an attorney might figure out a way to do something about it.)
-------------------------------
To the "escrow officer."
And how will the bank even know who else lives in the house?
A guy comes to the bank, where he has mortgage JUST IN HIS name. The bank will give him home equity line of credit without any problems. Then he writes himself a huge check and that's it.

Seek advice from and attorney.

Your lawyer should be able to handle this. He can have a judge give a court order that nothing can be done with the property until the divorce is final. that way you will be entitled to your share of the equity before he runs with it. I would act very very fast.
Good luck

you need the best lawyer you can find and you need one
fast. i hope you find one that will find a way to burn your
'dearly beloved's' a** and good! good luck to you. you will
be way better off without him.

Since the house is not in your name you really cant stop him unless you hurry and get a lawyer to stop him. If you are unable to stop the sale, you should be entitled to a portion of the profits in the divorce, especially if you can prove you helped pay the mortgage. If he is only refinancing to get the equity out you be able to get some of that too but you shouldnt be stuck with the mortgage cause you are not legally obligated to pay it at this time.

I wish you well!

your problem is twofold. as to your q on the loan - yes he can do that since you state the house is in his name alone - here is the but part - once you file for a divorce he cannot encumber the property by order of the sourt. so time is an issue here, you need to have him served pronto. thank miss m. for making me answer to your question and feel free to email me if you need further advice.

Contact a divorce lawyer to help you through this tricky maze - doing it by yourself is going to make it much more difficult.

Is the house in your name? I dont think he can refinance or equity it without your permission if the house lease or deed is in your name.

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