It wouldn't be protected if the property was in the husband's mothers name but I've yet to see a mortgage company give what would be tatamount to a non-secured note so the mother would be the one also qualifying for the loan. A cash transaction I could see or where the mother is buying the property for the kids to live in but not where the spouse is the purchaser with loan proceeds. In that case both spouses must sign the mortgage.
Yeah, the property is almost always in the name of at least one spouse anyway. Clearly, this NY case could not have happened in Fla.