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Q: - "My neighbors are in a divorce, and the husband says that since he bought the house prior to the marriage, only his name is on the deed and he wants to sell it to me today. Can he do that?"
A: - Yes, he can sell you his interest in the property, but that is probably a one half undivided interest in the house. Not exactly what you wanted. Even if she is not living in the house at this time, that house is, technically her homestead. Homestead is the single most complicated legal issue in Florida. Unless she signs the deed, you are not going to get clear, marketable title. Additionally, a court has, or soon will rule, as to who is to have possession of the marital home, which means that the property is subject to a court order and your interest may be tied up for many years. If you want to buy the property you start where all real property purchase and sales start, and that is by drafting a real estate contract to be signed by both the husband and the wife. Put it in print. When I taught Real Estate Principals Practices and Law and I told my students that the best way to get out of trouble, is not to get in trouble, and in real estate that starts with a contract.
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