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I've been separated for over a year and the default divorce papers are finally being submitted for final judgement today (county clerk has looked it over several times and everything is fine so there shouldn't be a problem) but documents are backlogged and the attorney estimates it may take 5 weeks for final decree.

No assets except for one which is being split evenly. With my portion I put down a downpayment on a home last week and escrow is set to close in 3 weeks, but now is when the loan officer is suddenly red flagging the fact I don't have the divorce decree yet and he indicates the lack of it will stall the process.

What are my options? I can't get a quit claim deed because the divorce is uncontested but ex refuses to sign anything (he's not stopping the divorce, he just won't sign anything).

In California, my attorney assured me that anything acquired after the date of separation (which was late in 2009) is not considered community property and that I'm not liable for any subsequent debts acquired by ex nor can he claim ownership of the home I am to acquire since I didn't use hidden assets and only the portion of assets I'm entitled to––and can prove it. The underwriter is till insisting that I wait for divorce decree, but I need to move on the house or lose it. What can I do?

Niicss · Posted: Fri Feb 11, 2011 2:57 am Post subject:

It might get difficult for you to qualify for a mortgage if you can't show the divorce decree when you're already separated. As your husband is not ready to sign any documents, it is better to wait till your divorce gets final and you receive the required documents and then apply for a mortgage.

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Separated in CA, but divorce decree dragging––home purchase?

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