2006-10-30 16:52:19 · 9 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
It depends on the state you're in. In order for you to hold title in your name only, your spouse may be required to execute a Quitclaim Deed. Talk to your attorney; I would recommend not only the deed, but also an instruction signed by you and your spouse stating:
1. The deed is being recorded for the purpose of you holding title as your sole and separate property.
2. You are not paying any funds to her in exchange for her signing off on the deed.
3. Whatever additional CYA language your attorney wants to include.
Check with your Escrow or Title Officer for their requirements.
2006-10-30 19:20:17 · answer #1 · answered by Le_Roche 6 · 0⤊ 0⤋
You need to wait till divorce is final. Your spouse could make a big deal about it which will complicate things on the divorce proceedings. No need to make that more complicated than divorces are. Wait that away thier is a less chance of problems. My ex went and bought a car and then that had to be added to all the paperwork. I know from experience. Hope this helps.
2006-10-30 17:05:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you're buying with cash, then no problem. If you're getting a loan, your spouse needs to sign, allowing you to put the family into debt. Depending on what state you live in, your spouse may end up owning half the house, so find out first before buying.
2006-10-30 17:01:36 · answer #3 · answered by teran_realtor 7 · 0⤊ 0⤋
FIle them withought her. She'll have a short period of time to sign, if hse doesnt, the divorce goes through regardless. The child is legally irrelevant in regards ot your marriage, There will be custody to work out, but that is usually looked at as a seperate issue.
2016-05-22 14:33:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I'm in the same situation right now. I actually decided to rent because in PA there is no legal seperation and I didn't want my soon to be ex getting any claim to my home.
If you can, hang in there until you get the decree. If you have found that perfect property, hire a VERY experience real estate attorney to help you with this process. You can't afford to have any surprises later.
Good luck.
2006-10-31 03:14:32 · answer #5 · answered by SuzHall73 2 · 0⤊ 0⤋
Actually, its both - you can buy and take title as "Jane Smith, a married woman, as her sole and separate property", BUT.......your husband should sign a Quit Claim Deed, especially if you live in a community property state. If he doesn't, and you buy the house anyway, you could end up owing him half the equity whenever you sell.....you probably don't want that.
2006-10-30 17:39:39 · answer #6 · answered by Paula M 5 · 0⤊ 0⤋
You need to get legal advice but it seems to me that if you buy a house while you're still married to her, she could claim her share of half of it when you divorce. Wait until the divorce is final.
2006-10-30 16:59:35 · answer #7 · answered by notyou311 7 · 0⤊ 0⤋
no she will not be required. there is a document she can sign that waives all her rights regarding the house you purchase. for instance, she would never be able to get half of the house if you divorce.
2006-11-03 15:57:18 · answer #8 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋
If they are not helping with the financing, then NO. You can purchase a home in your name alone.
2006-10-30 16:53:51 · answer #9 · answered by MALicious 3 · 0⤊ 1⤋