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Do both spouses need to be on the title of a vacation home?

On Behalf of | Dec 21, 2021 | Real Estate |

You have decided that you want to buy a vacation home. You think that your entire family would benefit from having a home away from home that you can escape to during the holidays or the heat of the summer. 

Maybe you will only invest your own money in the property and don’t want to share the ownership with your spouse. Maybe you want the vacation home to be a surprise. Do you have to add your spouse to the title when purchasing a second home?

In Florida, residences and vacation property must be titled in both names

If you wanted to purchase an investment property with your separate assets so that your spouse did not have any risk or investment in the property, then you could potentially buy residential real estate in Florida without adding your spouse to the title. However, if it is a property that you will reside in, even part-time, you will typically need to add your spouse to the title.

Even if they don’t contribute financially towards the purchase, your spouse may still have certain rights under Florida law. Real estate purchases are major commitments that can have financial implications for your family beyond just the mortgage. Unless you have a marital agreement in place or intend to draft one to allow you to purchase the home as your separate property, you will likely need to involve your spouse at least with the document signing process. 

Although your spouse doesn’t necessarily need to approve of or participate in the purchase, they will likely need to be aware of the transaction and will need their name on the title if not on the financing. Learning the basics of the Florida residential real estate laws makes getting through closing a little easier.