I plan to buy a home. I am married but getting divorced. Can I buy a home now or it'll be a mutual property?
Answers:
Wait until you are divorced. Courts like to maintain the status quo. It is called in latin, which they love to speak, "Pende Lite" which means, "Pending litigation". That's why I waited until I was divorced to participate in my 401K retirement plan. Until you are actually divorced, you are still legally bound to him. Buying a house now could complicate your divorce, dragging it out, and costing you additional legal fees. In my case, I found that the simple act of buying a car while I was separated but not yet legally divorced, caused me to have to defend her claim of getting a piece of the new car. So, what do you think would happen if you decide to make a MAJOR investment in a house, while you are not yet divorced. Attactive as the house may be, you are just asking for MAJOR trouble and misery, in my opinion. This simple advise is something that any divorce lawyer would tell you. So now, I wonder if you even have one. I think not. So, if this is the case, then you should get one immediately, in my opinion.
You need legal advise because it may vary by state. Good luck and don't worry if the answer is to wait - the last thing you need is for this guy to comeback and take what's yours.
Depends on where you live. If you live in a "community property" state, then your husband automatically has claim to the property which will complicate your divorce proceedings. (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas,Washington, Wisconsin are all community property states)
In other states, your husband would need to sign off on his homestead rights at closing since you are still legally married. This means that in the event you reconcile and he then lives in the property with you, he won't prohibit the lender from foreclosure proceedings should the need arise. He would not be on title and would have no claim to your property. But since he is out of the country, this may not be an option for you.
I'm a Loan Officer in Illinois and I've done numerous purchases for individuals in your same situation, but based on your scenario it looks like you will have to wait.
Best of luck to you.
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