Home Buying in 78613>Question Details

white96cobra…, Home Buyer in Austin, TX

Underwriting and Common Law Marriage question...

Asked by white96cobraxxxx, Austin, TX Fri Sep 28, 2012

My ex and I were in a common law marriage (TX), he left our apartment in June. I'm interested in purchasing a house on my own. I have been told that in order to do this, I would need a divorce decree since we filed the last two years of income tax together as married.

I have already established paternity/custody support for our children via the Attorney General. The SAPCR is on file with Williamson County. There is no real property to divide and most of our joint debts have either been resolved or will be taken care of and closed in the next two months.

My question is a "legal" divorce really necessary for the underwriting procedure? I will be able to document that the income is mine, the down payment is mine, etc. From my understanding, there is a concern that he could claim the property as partially his within the two year "common law" provision. Does this happen a lot?

Help the community by answering this question:


It depends on the underwriter, and you have to know that the messier the situation, the stickier the loan process gets in underwriting.

I can imagine a handful of concerns that could leave you within days of closing and having your loan denied, so I would do everything I could to clarify my situation so an underwriter can readily understand and analyze it.

All the best,
0 votes Thank Flag Link Sat Sep 29, 2012
Most definitely a legal question! I don't think the lenders are the ones to answer this one either. Consult with an attorney.
1 vote Thank Flag Link Fri Sep 28, 2012
Honestly you need to get legal advise from an attorney not agents as we do not have the legal degrees you will need to make the right choices, and by law if anyone give you legal advise and is NOT a licensed attorney they can get in a LOT of trouble and loss their Real estate license!

Do a consult, yes it may cost you a bit, ok more then a bit yet in the long run you will be happy you did!! Oh ya, use a real estate attorney they will know the ins and outs on buying when a divorce issue is in question.

Good luck!!
0 votes Thank Flag Link Sat Oct 12, 2013
I would consult an attorney. If you are legally common law married you probably need and want to get that corrected to avoid future issues. I can guarantee the lender will feel that way... they want all their t's crossed and i's dotted.

Best of luck to you,

Don Groff
REALTOR® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
o 512.669.5599 m 512.633.4157
listings@dongroff.com | http://www.AustinListed.com
0 votes Thank Flag Link Sun Nov 18, 2012
I have an amazing lender who can probably help you with your question and consult you on other lending questions, as well. If you'd like his information contact me via my profile and I'll send it to you. I don't like to put it on this forum to prevent solicitors from contacting him.

Good luck,
Gina Nyland, REALTOR, GRI, e-pro
Prudential Texas Realty
Co-Manager, Cedar Park Office
0 votes Thank Flag Link Fri Sep 28, 2012
Not part of all your particulars refer all the questions to the experts who represent you or an attorney . Tooooo many other questions require answers prior rendering any professional opinion .. take advice from the ones who are involved with your entire sales process.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
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Multimillion Dollar Sales Producer

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0 votes Thank Flag Link Fri Sep 28, 2012
It does not happen a lot, but most lenders will probably require something to that effect as it is the best prevention method. Basically, it removes that chance.

Good Luck!!
0 votes Thank Flag Link Fri Sep 28, 2012
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