Category Archives: Homestead Disputes

Does Your Spouse Have to Co-Sign Your Florida Mortgage?

The Florida Constitution provides strong protections for a person’s primary residence or “homestead” from creditor claims. This can include secured claims such as mortgages. Under the Constitution, a person “may alienate the homestead by mortgage” only when “joined by the spouse if married.” Florida courts have long held this to mean that a homestead… Read More »