Home Buying in Roseville>Question Details

Tiffanitimmo…, Home Buyer in Roseville, CA

Buying a house on my own after filing for divorce

Asked by Tiffanitimmons, Roseville, CA Thu Apr 4, 2013

Hi, my ex and I have been deprecated for 3 years. Our divorce was filed in oct. 2012.. We have no property together, or money.. I am now wanting to buy a house and have been told I need him to sign a quick claim deed.. He pays no support to me what so ever . Myself and my mother will be on the title. Our divorce won't be final for awhile because he is basically missing and hasn't signed.. Just want some advice on this. Thank you, Tiffani

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Hi Tiffani,

If I am understanding your question correctly, you are wanting to purchase a home but don't know why your ex would need to sign a Quit Claim Deed to your new home. Because you are technically still married, and California is a community property State, he has rights to your home even if he is not on title, and could ask for half of the house/equity in the home in the divorce. By signing a Quit Claim Deed, he loses that right and your home is protected from him making any claims to it.

I hope I've answered your question, Tiffani! If there are any other questions you have, please don't hesitate to contact me!

Dyane Riemer
Keller Williams Realty
1 vote Thank Flag Link Thu Apr 4, 2013
I would imagine that if he's not there then you can have things set-up in that it won't be his property. Definitely talk to a lawyer about it first, I've seen some friends who have gone under with purchasing homes. Be careful and you should be ok. http://www.goldbergkatzman.com/family-law/
0 votes Thank Flag Link Fri Sep 26, 2014

We just helped someone in a very similar situation buy a home and they were able to do it on their own, without their ex having to sign anything. Let me know if you still need help with this.
0 votes Thank Flag Link Sun May 5, 2013
Hi there. How were you able to make that happen? Thanks for responding
Flag Sat Jan 23, 2016
Tiffani - to qualify for new home loan you'll have to wait until your divorce is finalized and can produce a fully executed divorce decree...the reason we require this, in addition to the quit claim form signed by your soon to be ex hubby, is because we don't truly know how your division of liabilities and assets will look like until you reach this stage....

Though I believe you when you state you share no assets with him, this decree is required by either the lender, investor or agency backing the loan, or possibly all three...

The only suggestion I could make for getting around this would be to contact a local credit union, or regional bank, where the loan doesn't need to be sold to FHA, Fannie or Freddie...in other words, look for a portfolio lender, one who lends their own money!

best of luck to you, Jeff M
0 votes Thank Flag Link Sat Apr 13, 2013
Tiffani just wanted to follow up and make sure you have made some progress or to see if you still needed some guidance?
0 votes Thank Flag Link Wed Apr 10, 2013
The best advised is for you to talk to an attorney and have them provide you with options that will protect you.
Good luck.
Manuel E. Prado
0 votes Thank Flag Link Sun Apr 7, 2013
Yes until the divorce is final you will have to take steps with your soon to be ex spouse relinquishing any rights to the property. Also, if you get a FHA or VA loan in a community property state (like California), the lender will also have to check your spouses credit and include any of their debt obligations into your qualification.
0 votes Thank Flag Link Sun Apr 7, 2013

The answers to your REAL questions need to be directed to an attorney, and I agree with the agents below who have advised that you do not purchase until you have clarity with your situation. From a technical standpoint, when and if you're going to use a mortgage to purchase the home, there are only three choices you will have when you make the application. They are; married, unmarried and separated. If you check separated, your loan will be difficult to approve pending resolution. If you check unmarried, it is untruthful and if you check married, your ex will need to sign loan documents at close of escrow (not an option in your case). So, again, I would suggest consulting an attorney to obtain the best resolution possible, and then proceeding from that point.

Best of luck and let me know if I can help.

Rob Spinosa
0 votes Thank Flag Link Sun Apr 7, 2013
We would need to get a lending professional involved to get most of these properly answered.If you would prefer a more private setting feel free to send a message to eddie@Bhrparkplace.com or call me 530 320 3032. I have helped several people in similar situations and would be happy to share my experiences with you.
0 votes Thank Flag Link Thu Apr 4, 2013
If you do not trust your ex DO NOT buy a house until your divorce is final. If you buy a house and he does not sign the quick claim deed he could have a right to half.
If you trust your Mon buy it with her and do not be on title. When the divorce is final you can add yourself at a later date.
0 votes Thank Flag Link Thu Apr 4, 2013
It's a great time to purchase a home! With the divorce not final and the fact that he is not cooperating, I would recommend purchasing a home in families name instead of yours due to the California law of Community Property. However, This is truly a question for your divorce attorney or a real estate attorney. Us Realtors are not allowed to give legal advice to clients so please do yourself a favor and get some legal council on this then call me so I can set you up with my lender to get you or your family approved for the loan. Please don't hesitate to contact me with any questions. Have a blessed day, Brenda Brown-Williams. 916.517.2300
0 votes Thank Flag Link Thu Apr 4, 2013
Since you state that your divorce isn't final, consult with your attorney before considering a purchase...
0 votes Thank Flag Link Thu Apr 4, 2013
Hi Tiffanitimmons,

Since you are still legally married, he needs to sign a Quit Claim Deed or he could have rights to your house since California is a community property state. Check with your Divorce Attorney on possible ways to resolve this since you can't find your ex to sign. I'm not an attorney but maybe you could just have your Mother on Title until your divorce is final (unless you can get your ex to sign the Quit Claim Deed before the house closes) and then once your divorce is final, you can be added to Title with a Quit Claim Deed. Again, I'm not an attorney but check with your Attorney to see if that is possible.

Shanna Rogers
SR Realty
0 votes Thank Flag Link Thu Apr 4, 2013
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