Can a spouse quit claim a property right before selling?

[Mark Nickelson]

Hello BP Nation! 

I am working on a deal where the husband and wife owner/sellers are separated but not divorced, the wife says her husband is on board and will sign the papers but won't let me speak with him which has me a little concerned he may go sideways between now and closing. (I'm pretty sure he has a substance abuse issue)

If he were to quit claim the house to her so she had 100% ownership would that raise any red flags with the title or potentially interfere with my deal when we go to close?

The house is not a personal residence and is owned free and clear. FYI..

Thanks in advance!

Mark

[Jim Viens]

Not as familiar with Florida but in many states, if they are still married, he would need to execute the Quit Claim to you, not his wife. This deed would then be held in escrow until closing and recorded along with the deed from her to make a complete transfer of title. Since they are both in title to the property then both must deed out to the new owner...not to each other.