That is my understanding but please do get legal advise.
If the home is the stress, then get it out of the way and it might lead to a path for healing the relationship or simplifying the separation.
The answers I've read so far are very good advice. To my knowledge your husband will not be able to purchase a home until you are divorced. Getting advice from an attorney is the best advice so that you know what your choices are and the impact each choice will have.
It's obvious that this is a very stressful time. Their are many families in this same situation with you. No matter how bad it gets please remember that this too will pass. Your situation is a temporaty set back that you will recover from.
I am very sorry about your situation. You are not alone. Please make sure you use a company listed with the DRE and they have good standing with the BBB. I would be more than happy to give you a name and phone number of a law group that we use for all of our litigation. Gravel and Associates. 650-293-9500. They will be more than happy to give you a free consultation over the phone or in person.
They do loan modifications also and can help you with any Real Estate legal questions you may have.
I wish you the best of luck in moving forward and getting through this difficult time.
I am so sorry to hear about your situation. That is a double whammy!
If the conditions are right, it is possible for your husband to buy a home, even while you are still married.
Please consult an attorney ASAP about the legal ramifications for you of your husband's actions prior to your marital status change. Take the steps to protect yourself!
I wish you all the best, and better things to come...
I consulted with my lender on this one because I wanted to be as accurate as possible. When you are seperated you are still legally married. Because of this, if your husband applied for an FHA loan (3.5% down payment) they would check both of your credit and they would see that you are upside down on your loan and behind on payments and you will not qualify and this would disqualify your husband.
If you end up getting a divorce, once your divorce is finalized, however, he may be able to go ahead and purchase a home using FHA financing if he is credit worthy.
He may be able to obtain conventional financing now but that would require at least a 10% down payment and excellent credit. I use an excellent loan officer local to you in Corona and I would be happy to pass on her information if you are interested.
As far as your home is concerned, please do not go into foreclosure without seeking a better solution. Please check out my blog or website on foreclosure solutions available for you. I specialize in helping homeowners in these kinds of situations and I would be honored to help you out further in whichever way I can. God Bless