Is it fraud if someone signs a real estate sales document as a single person when they are actually married?

Question

The specific circumstances are: a wife sold her house to her husband for a small amount of money, but they both signed the sales paperwork as single people and she signed her maiden name. Is this fraud and who would this be reported to if so?

They were legally married at the time, verified by copy of their marriage certificate and license. Also, she had legally changed her name prior to the sale of the house.

This took place in Florida.

The house was sold by the wife to the husband for $10.00. Yes, thats ten dollars.

Just FYI, I'm not the ex-husband... just a curious third party that heard about the situation, wondered if it was legal, and don't know anyone that could answer the question.

Answer 1

It's only fraud if the intent was to defraud someone, or to avoid paying taxes, etc.

Did the wife own the house before marriage? If so, it was hers to sell at any price, and perhaps the recorded sale was just a simple way to bring the house into the community property inventory.

Based on the information you have presented here, I doubt that any legal authority would be interested in pursuing this for prosecution.

Answer 2

This sounds like its a mutual agreement between the two. They could have been advised to do that through a real-estate attorney or something.
Taxes are assessed by the actual value of the home, not what it sold for. People buy properties at auction all the time for far less than the house is worth, those people still have to pay full value of the tax.
There could be many reasons to do that. The only problems that could arise out of the issue is a possible title problem that would be addressed by the next owner.
But sales like this are done a lot. Especially in situations were some one is terminally ill and doesn't want the spouse or relative to have to suffer through years of probate court.
I think that if you have no personal investment in the issue that it would be best to let them work this out as a couple...there could be stuff going on that you are not aware of.

Answer 3

The only benefit to doing this would be for a property tax reduction.

Most tax rates are based on sales price, so a very low amount could see a substantial reduction in assessed value.

However, assessors know this trick and the property may be assessed at a default value that is higher than the couple intended.

Using the tactic you describe does not ring warning bells as to legality. It is not illegal to sell soemone a home and not a "sworn testimony" as such that would entail criminal offense.

HOWEVER... certain states may have laws on the books that specifically prohibit this kind of thing. My state does not, and neither does California. Check with a realtor for local law.

Answer 4

It sounds like you are an ex-husband that got the short end of a deal. If you were waiting to receive a portion of the proceeds from the sale of this property you seem to have a good case to go after this party. If you didn't have any interest in the sale, mind your own business.

Answer 5

Yes, it is fraud, considering that she signed a name that was not her legal name. Report it to the general authorities. They would file a report and the appropriate parties would investigate if needed.

Answer 6

nope maybe you can buy a house in your own name if you may maybe his credit was better than hers or vice versa ...also look into state law some are funny like WI

Answer 7

there no law against a woman using her maiden name

Answer 8

were they married at the time? how do you know? They could have been engaged or divorced at the time.