May I buy a separate home while separated, but not divorced?

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Icon Mini Profile chevnate

Joined: 04 Jun 2009

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Post Posted: Thu Jun 04, 2009 8:12 pm    Post subject: May I buy a separate home while separated, but not divorced?

My spouse and I have been separated for 4 years. I filed a pre-app for a mortgage loan, but the loan officer said that I would have to include spouse's info for credit check/loan app since we are still married in the state of LA. Someone mentioned filing a post-nuptial agreement. What does this entail?
Icon Mini Profile Realgeni

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Post Posted: Thu Jun 04, 2009 9:04 pm    Post subject:


Welcome to the forum.

A Post-Nuptial Agreement, sometimes referred to as an After Marriage Agreement, is a written document signed by parties to a marriage that sets out how they agree to have property divided, spousal support determined and attorneys fees paid in the future if the marriage ends in divorce. These agreements are usually entered into by parties not already in the divorce process, while a Marital Settlement Agreement is usually entered into by parties going through a divorce

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Icon Mini Profile gunzijjistaff

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Post Posted: Fri Jun 05, 2009 5:13 am    Post subject:

HI chevnate,

Welcome to our forum.

I would like to advice you that, You have to get divorce to get property parts by your lawyer or lender. Are you payoff your mortgage if you did not paid yet refinance your mortgage & get divorce papers from court then i will be easy to get divided property.

Thanks & Regards.

Gunz.ijjistaff. Laughing Laughing Laughing


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Icon Mini Profile gmakerley
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Post Posted: Fri Jun 05, 2009 7:30 am    Post subject:

gunzi, the poster is trying to buy a home, and apparently there is no current home to dispose of. you may want to reconsider your advice.

chevnate, if you plan on finalizing a divorce at some time in the not too distant future, it would likely benefit you now to speak with an attorney schooled in family law so you can get the lowdown on this situation.

whenever you're involved in something that requires legal advice, you're wise to stick with a lawyer for that advice rather than lay people.

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Icon Mini Profile robertsmith2005

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Post Posted: Fri Jun 05, 2009 8:29 am    Post subject:

you are not legally seperated.

I think you should consult an attorney who's aware of community property laws.
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