If me and my husband are separated , do I have to be divorced to buy my own home?

(0) | asked by: tracy harlan | share | 36 months ago | Report
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answer by Kandace Hill    |   Contact Me
Good question and one for your divorce attorney. If you are legally separated you may be ok to move forward to purchase in your name only.
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18 months ago  |   Report   |   share
answer by Carol Mullings    |   Visit My Website   |   Contact Me
It is always advisable to consult an attorney on these matters. With that being said, -California is a community state; at which community property is divided, not necessarily "in kind," however the value in assets received by each spouse must be equal.
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18 months ago  |   Report   |   share
Susan Rogers
answer by Susan Rogers   
No you don't have to be divorced BUT if you wish for your husband to have no claims nor interest in your home for future, he should sign paperwork in escrow giving up all legal rights top the property and acknowledging that this home is your SOLE AND SEPARATE PROPERTY. The proper paperwork with him giving up all rights t o an interest in the property. (escrow will have the proper paperwork that he will have to sign.) If he is unwilling to sign these documents proceed with caution..he can come at you later and claim an interest in the property. Remember, in the eyes of the law you are still married.
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18 months ago  |   Report   |   share
answer by Terri Ann Rorex    |   Contact Me
Please have a meeting with a licenced attorney for solid legal advice. From my understanding as a professional Realtor..... you must be divorced before buying your own home unless you want your husband to be part owner
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33 months ago  |   Report   |   share
answer by Tabatha Davis    |   Contact Me
If your not divorced before you buy, your spouse will own 1/2 of it. However I am not an attorney and cannot give legal advice, just an owner/broker realtor for 25 years.
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34 months ago  |   Report   |   share
answer by John Wiley Real Wiley    |   Contact Me
The important question is can you qualify for a mortgage or do you have the cash to buy. If you have sufficient income and your debt to income ratio is acceptable and your credit rating is withing the guidelines of the Lender you should be able to buy property whether you are married or not. You have many things to consider. Are you listed on the mortgage of a marital property? Being separated or divorced does not take your name off the mortgage. If you are on the mortgage and your income is needed to pay the mortgage and you stop contributing to pay the loan and the property goes into a distressed situation your credit will take a hit. If you need further information I will be glad to provide that to you. Best wishes.
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35 months ago  |   Report   |   share
isabela albarran
answer by isabela albarran   
Yes you do have to be divorced to buy a home from my perspective. It wouldn't work if you were married with him. That is why I always recommend as an agent to be divorced. If you were to be recently married then it would not work as well as if you were divorced.
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35 months ago  |   Report   |   share
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