A married person may buy a new homestead property (primary residence) without the non-purchasing spouse's consent, but they will need to pay cash because as indicated above, a married person cannot give a mortgage on the homestead property to the lender without the joinder of his or her spouse.

Under the Florida Constitution, whether you are married, separated, or in the middle of a divorce action, your spouse must sign a waiver regarding their rights to the home you purchase, even if they are not mentioned in the loan and have no intention to live on the property.

Unless a couple has a valid written agreement stating otherwise, marital property in Florida includes all assets and debts either spouse acquires during the marriage. Spousal rights in Florida allow spouses to share marital assets and debts, even if the property or debt is titled only in one spouse's name.

Common-Law States In a common-law state, you can apply for a mortgage without your spouse. Your lender won't be able to consider your spouse's financial circumstances or credit while determining your eligibility. You can also put only your name on the title.

In the state of Florida, spouses who purchase residential real estate as married individuals for must both be on the title of the home, regardless of whether one or both spouses are responsible for the mortgage payments.

Can a married couple buy a house under only one name? Yes, one spouse can purchase a home without the other's name on the new mortgage application or title. In communal property states, the home would still belong to both partners during divorcee proceedings.

If you are married then you will need the consent of your spouse to change the title ownership of the property. Usually the best way to avoid Florida probate court is to create a life enhanced estate deed or more commonly called a “Lady Bird Deed.”