I have a friend who purchased a home before getting married, he has since gotten married and is about to do a refinance, it has been learned that his spouse will have to be added to the mortgage (not title or note), have to sign Truth in Lending and also a Right to cancel. The intent was never to add spouse to mortgage but learned that Florida law requires spouse be added in the case of the refinance. Question 1. What would this entitle the spouse to in case of a divorce Question 2. Can a document be drawn up and notarized stating that the spouse is only added because its law and the property is not a non restricted gift. Question 3. Would a spouse have to be added if it was a different financial product such as a home equity line of credit (not a home equity loan of any type)
Read more: Premarital Asset in Florida - purchased house before marriage?
