Why Your Spouse Must Sign the Deed and What to Do If You Can’t Find Them

When a parting is mutual and everything is agreed upon, it can be tempting to let your divorce go in favor of spending your hard earned money elsewhere. Unfortunately, there can be a lot of ramifications to not taking care of these legal matters immediately, some of which you are probably unaware. 

In relation to selling a home, leaving your separation in limbo can prevent you from actually signing away the property. This is true even if:

  • Your spouse’s name was never on the deed
  • You owned the property before you were married
  • You purchased the property after you separated

The state of Florida’s constitution protects you from having your home sold out from under you when your marriage ends. The law is designed to protect women and children from being evicted from their homes with nowhere to go. However, in today’s society the law prevents people from legally selling property when it would seem to be appropriate.

How do I sell a home if my spouse and I have been separated for years?

If you don’t know where your spouse is, you could have a lot of trouble getting your house sold. Even if you are no longer in contact with them directly, if you were married for a number of years you probably still have people mutually in common, at least on social media. If you exhaust all of your own resources and don’t know where else to look, you’re going to need some help.

There are no exceptions to this law. You absolutely must find your spouse to get your house sold. Florida does not recognize legal separation. So if you do not have a divorce decree awarding you the house, you have no choice but to find them. A private detective, such as those we employ to assist you, can usually find the person you’re looking for.

If you need assistance selling your home, contact us today for more information.