I am going through a divorce and I want to purchase a property. Papers were filed in febuary and we seperated. I am in the process of purchasing a home and I was told by my loan officer that I need a quit claim deed signed by my spouse because the divorce isnt final yet. My X is very uncoopertive and refuses to sign. Do I really need that quit claim deed or she owns half.
2006-09-12 20:36:12 · 5 answers · asked by scruffydon01 2 in Family & Relationships ➔ Marriage & Divorce
If the divorce is in the processing stages the state of California basically freezes your assets from any co-ownership of the other party. The only issue that I could see arise is if she would be required to sign for the house, or if she already signed for the house. The state of California does allow individuals to possess property free from spousal acquisition if it is part of a pre-nuptial or post-nuptial agreement. The best thing you could do right now is to consult a lawyer or wait until the divorce is final before you progress in this purchase. Last thing you want is to buy it just before, divorce is final, and she takes you to court for half.
2006-09-12 20:42:31 · answer #1 · answered by Michael H 3 · 0⤊ 0⤋
Not sure. Is she signing loan docs with you or not? If you put her name on the loan, then you'll have to refinance to get her name off of it.
As far as the title...you can put anyone's name on title. Or exclude. Not sure why you'd need a quit claim deed if she's not even named on the property! However, you should ask your lawyer if she has entitlement to any equity or any of the monies youre putting into the house. There's the real situation. Talk to your attorney.
2006-09-13 04:06:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
My friend is a lawyer and I remember he told me before: if you have a legal separation, then the property will not belongs together for both you. But it depends on what state you are living and it be might different law. You might search by here if you live in California. Good Lucky!
http://www.lasuperiorcourt.org/aboutcourt/
http://www.courtinfo.ca.gov/selfhelp/family/divorce/step1.htm
2006-09-13 04:02:12 · answer #3 · answered by Marilyn 2 · 0⤊ 0⤋
The answer to your question is seek legal advise but I think that the property will be jointly owned, I hope for your sake that you can still pull out of the property agreement, good luck.
2006-09-13 03:44:14 · answer #4 · answered by christine s 2 · 0⤊ 0⤋
Don't buy it until your divorce is final. Find someone else to buy it and change the title to you when your divorce is final.
2006-09-13 04:45:37 · answer #5 · answered by RunSueRun 5 · 0⤊ 0⤋