Clearing Clouds! Married, Divorced, or “It’s Complicated”? Why These Details Matter in Closings
Guest Author: Susan Gonzalez with Silver Sea Title
TLDR: Key Takeaways for Florida Real Estate Closings
Learn how a Florida title agent helps resolve “clouds on title” like liens, unpaid taxes, and old mortgages.
Understand why real estate closing complications often come from personal circumstances, not just public records.
Discover how vesting in real estate impacts ownership, inheritance, and future sales.
Avoid costly delays by clarifying property title issues in Florida early in the process.
See why working with an experienced title company in Central Florida makes closings smoother and more secure.
Get peace of mind knowing a professional closer can guide you through property title transfers with clarity and compassion.
Clearing the Clouds
When people think about real estate closings, they often picture the last step — the happy moment when the keys slide across the table. But in reality, there’s a lot of work that goes on quietly in the background to make sure the deal gets there smoothly. That’s where I come in as a title agent and closer.
My job is to clear away the clouds: the issues that could prevent a seller from transferring clean title to a buyer. These “clouds” show up on the title commitment as requirements, and it’s my responsibility to resolve them. That might mean recording an affidavit, paying off a lien, or terminating an old mortgage that was never released.
The sooner I can identify these issues, the better. That’s why, within just a couple of days of going under contract, I send a list to the agents and the lender so everyone knows what we’re working on. Sometimes it’s something straightforward, like a federal tax lien, a code enforcement fine, or unpaid property taxes. Other times it’s more personal — a judgment for unpaid child support, an old repossession, or even something unusual like improper sewage disposal on the land.
These items may seem small on paper, but they can delay or even derail a closing if they aren’t handled quickly.
When People Complicate the Process
Not every challenge shows up in public records. Some come directly from the people involved, and those are often the most delicate to handle.
For example, a seller once told his listing agent that he had dementia. The property went under contract anyway, just 48-hours later. That was a hard stop. If a person isn’t competent to sign, the deal can’t move forward until there’s a legal representative or guardian in place.
Then there was the husband who bought a home while separated from his wife. He claimed his primary residence was elsewhere, but admitted in writing that he had spent nights in the new property. That one night made it a homestead property, which under Florida law tied it directly to his legal spouse. She had to be part of the closing, whether he wanted her involved or not.
Another case involved a couple married in another state but living separately in Florida, each with their own homesteads. Florida doesn’t recognize legal separation: you’re either married or you’re not. That meant the wife had to sign the deed and agree to the distribution of proceeds before the husband could sell. My job became part problem-solver and part peacekeeper, coordinating her participation while respecting her need for privacy and security.
Even divorces can complicate things. More than once, a seller has told me, “We’ll be divorced in a couple of weeks.” That doesn’t change the fact that both spouses still need to participate in the sale. The underwriter requires written agreements, proof of how the proceeds will be split, and written confirmation from both parties before we can move forward. Sometimes that means scheduling independent signings and acting as the go-between until everything is resolved.
The Importance of Vesting
These stories illustrate a bigger point: vesting matters. Vesting is simply the way ownership is written on the deed. It might seem like a formality, but the language you choose can have major legal consequences down the road.
For married couples, vesting is straightforward: “husband and wife” or “wife and husband.” But for unmarried buyers, the options matter. Will they hold title as joint tenants with rights of survivorship, so that ownership passes automatically to the survivor? Or as tenants in common, where each owns a specific percentage that can be passed down to heirs?
If this isn’t clarified up front, it can cause serious problems later.
When Vesting Goes Wrong
I once worked with a man who bought a home with his mother. They didn’t specify any vesting language on the deed. When she passed away without a will, probate became unavoidable. What could have been a simple sale turned into a six-month process of sorting out her estate before the property could be sold.
Another case involved a husband and wife where the paperwork didn’t match. A second woman’s name appeared in the listing documents, but not on the recorded deed. The agent didn’t know if it was a name change or something else entirely. After working with my underwriter, I carefully approached the seller, confirmed the legal name change, and obtained the necessary affidavits. It was sensitive, but handled correctly, the deal closed without issue.
These examples highlight why vesting is essential protection for you and your family. It determines what happens in the future if an owner passes away, if relationships change, or if someone wants to sell. Without the right language, heirs may have rights you didn’t intend, and probate court may step in before a property can be sold.
More Than Paperwork
At the end of the day, being a Closer is about more than documents and deadlines. I am here to guide people through one of life’s biggest transactions with clarity and compassion. Sometimes that means explaining why a spouse needs to sign even when they’re separated. Other times it means helping a grieving family navigate probate or coordinating between divorced spouses who don’t want to speak to each other.
Every closing tells a story. My role is to make sure the ending is a good one: that the path is clear, the paperwork is correct, and everyone understands what’s happening and why.
What’s Next
Buying or selling a home is a major milestone, and the last thing you need is uncertainty. If you ever have questions about title, vesting, or what really happens behind the scenes of a closing, I’m here to help. Call or text me anytime day, night, or weekend. Because when it comes to protecting your home and your peace of mind, every question matters.
