Divorce Not Final - Trying to buy home

lindatawdod · Joined: 29 Sep 2009 Posts: 2 1.73 Dollars($)

Is there any documents that will allow me to purchase my home form my soon-to-be ex - AND- allow him to purchase his own home - without- the divorce being final. We have both per-qualified for our loans, but cannot get to financing and closing without the divorce being final. This will not be until December. We did a self-divorce kit and are not arguing over anything. We just want out and want to move on. How can I buy my house with the final decree??

thewretched02 · Joined: 23 Jun 2009 Posts: 115 23.92 Dollars($)

I think I just replied to this in another post - I don't see why you cannot have assets in your own name even while married. My wife and I individually own different assets like cars etc. sure, in the event of a messy divorce we could fight over ownership, but in your case this shouldn't be a problem.

The bank will probably not have a probelm changing the mortgage over to your name provided you can satisfy the repayments and your credit history is good. If you are looking to "buy him out" you'd need to be able to justify servicing the repayments on the higher mortgage but assuming this isn't a problem you should be ok.

Why can't you get finance now? What is the stated reason? your marital status shouldn't be an issueb - or does one of you have really bad credit which is impacting on the other?

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1735 35.94 Dollars($)

Your ex can sign a quit claim deed and he will have no onwership int he property. If there is any laon, then you ahev to refinance in yoru name so he is no longer laible

You cna also do Warranty deed, if there is some exchange of money

Guest

Credit is outstanding for both of us - lender just states that they need to have a final decree to proceed. I have the court filing docs with all the info; seems to not be good enough. How do I proceed forward in this situation. Any suggestions??

gmakerley · Posted: Wed Sep 30, 2009 12:42 pm Post subject:

if your lender is holding out for a divorce decree, then it seems that's what you'll be needing. i don't disagree that you ought to be able to do what you'd like, but that doesn't seem to work with the lender you're working with.

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