Home Buying in Scottsdale>Question Details

First-timer, Home Buyer in Scottsdale, AZ

Am I not eligible for buying a house?

Asked by First-timer, Scottsdale, AZ Fri Aug 10, 2012

I'm a permanent resident who just moved here from Hong Kong, and looking to buy a house in Scottsdale, AZ. I'm separated from my husband who is an Australian, and currently sailing around the world. I was told that I won't be able to purchase a house in AZ unless I have him sign on a consent form that I'd be a solo owner. I have the cash. I haven't been able to get hold of him since March. What alternative do I have in order to make a purchase happen? (Additional info: I had lived in the U.S. for several years, and I have good credit history - which was checked when I purchased a car a few months ago. I and my husband are legally married in Australia and my country, and we are filing a divorce in Australia. We can only apply for divorce under Australian Law after we have been separated for a period of at least one year, which is for us January 2013. He doesn't have U.S. residency. ) Thank you,

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Joseph laid out the issues well. There may be a way around your problem if you are buying with cash, by using a corporation, LLC or Trust. Contact me and I will refer you to a Real Estate attorney to explore your options. With a loan, most lenders will not be willing since they will be concerned that the husband can make a claim against the property, but we can explore it with one lender that is quite flexible.
Loren Hoboy-Realtor
Central AZ Real Estate
LHoboy@centralAZhomes.com
Your Local Expert
623-688-0004
1 vote Thank Flag Link Fri Aug 10, 2012
You can purchase a home in AZ as "Sole and Separate" property. However, since AZ is a Community Property state your husband may still have legal claim to the property if it was acquired while you were married. It is common practice in AZ to have the second party sign a Disclaimer Deed, relinquishing their rights to the property.

If you plan to finance the home, the lender may require this type of action. If you are purchasing cash you will likely be able to purchase the home, but may encounter problems when you go to sell it.

The fact that your husband is not a resident may add complexity to the situation. I would discuss your situation with a Real Estate attorney to may sure that you are fully protected. It will be worth a few hundred dollars to obtain the proper legal advice.
1 vote Thank Flag Link Fri Aug 10, 2012
Arizona is a community property state. If you are married and want to take title in your name only, he has to sign a disclaimer deed in front of a notary. It is an AZ state form. I don't know any way around it. Sorry but you may have to wait until you are divorced.
1 vote Thank Flag Link Fri Aug 10, 2012
Hi first-timer, its best to have something in writing from your husband that states he relinquishes all ownership in any home purchase you may make. If you are separated maybe you can get this in writing via your husbands attorney ?
1 vote Thank Flag Link Fri Aug 10, 2012
You are asking a LEGAL question.

I highly recommend you call my REAL ESTATE LAWYER.

Dax Watson

(602) 778-9900

Or email him:

DWatson@MackAzLaw.com

Hope this helps.

Terry S. Smith
Designated Broker
Arizona Resident for 47 Years
Rain Dance Realty
(602) 763-1858
ScottsdaleRealEstate@Outlook.com
0 votes Thank Flag Link Fri Oct 11, 2013
First Timer,

As good of advice as we can give, we shouldn't be giving you legal advice. Please be sure to speak to an attorney to be sure to protect yourself. See what the attorney has to say about you purchasing the home in an LLC or Trust and how it pertains to your situation specifically including what laws you may face in Australia...

If you could get in touch with him it would make it a whole lot simpler to have him sign a disclaimer deed which has to be notorized.

If we can be of assistance, please do not hesitate to contact us.

Wishing you the best,

Brenda

Ron and Brenda Cunningham
West USA Realty
602-980-3133
Ron 602 499-0694

*** Recognized in the Phoenix Business Journal as "One of the Top 50 Realtors in the Valley" ***

Search the official active FlexMLS for homes like a Realtor through our website for FREE: http://www.CunninghamHomesAZ.com
0 votes Thank Flag Link Sat Aug 11, 2012
If you are buying a home with cash, there are ways to take title to protect your interests. Please contact me and Iwill put you in touch with one of the best real estate attorneys in Scottsdale. He will be able to make a recommendation on how to proceed for you.

Thanks,
Wade Kawahara
Dominion Real Estate Partners, L.L.C.
604 West Restin Road
Phoenix, AZ 85086
Mobile - (623) 326-7316
wadek123@gmail.com
http://www.arizona-listings.com
0 votes Thank Flag Link Fri Aug 10, 2012
Thank you very much for your quick response. I really appreciate your time. I will be contacting Mr. Hoboy shortly.
0 votes Thank Flag Link Fri Aug 10, 2012
I have spoken to a lender and he believes he can make a loan with the facts as presented. I still suggest the we have a lawyer review the situation and confirm that your assets (new Home) are protected. Loren Hoboy 623-688-0004 My email is LHoboy@centralAZhomes.com
Flag Sat Aug 11, 2012
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