Financing in 77061>Question Details

Camila, Home Buyer in 77061

I am married in process of divorce. I want to buy a house but my ex- doesnt want to sign the claim deed for me. We dont have any debts together.

Asked by Camila, 77061 Mon Feb 8, 2010

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He WILL be on the deed, and WILL have to sign papers at closing.. And I am sorry you are in this position.....
0 votes Thank Flag Link Mon Feb 8, 2010
I'm so sorry that you are going through this - divorce is never easy. I'm sure that you have already spoken to your attorney regarding this issue, but I encourage you to continue to work through everything with him. As a realtor, I cannot give legal advice; however, my experience is that it is in your best interest to wait until the divorce is final. There are steps that attorneys can take to protect you, but I am not sure of the costs/process, etc. Additionally, other clients that I have assisted who are in similar situations have also had to include provisions for the spouse keeping the home to re-finance it into their own name for added protection to you, so you may want to ask your attorney about this as well. You can begin looking for the home in the meantime - I would be happy to talk with you and/or your attorney to obtain more information regarding your specific situation and the best course for us to follow.

Thanks for the question,
Valery Blank
(713) 515-2135
Web Reference:
0 votes Thank Flag Link Mon Feb 8, 2010
I'm assuming that you have a house together now. That house will either be sold or awarded to you or your soon-to-be ex spouse. If you are presently on the mortgage of a house with him, please make sure that no payments are late. Now if that is not the case, then a house can be purchased with the closing after the judge has signed the divorce decree. The closing can be the same day or the next day.
I hope this helps you. Any questions, just call me.
Sera M. Smith
Bluesky Lending
0 votes Thank Flag Link Mon Feb 8, 2010
Hi Camila,

Kay is absolutely right-please seek the advice of legal counsel before you do anything. Texas is a community property state and you need to know what all that entails.

Best of luck to you,
Web Reference:
0 votes Thank Flag Link Mon Feb 8, 2010
Hi Camila,

I agree with would be much easier if you waited until you were divorced. Even if you went with a Conventional loan, if you were still legally married then your spouse would own 50% of the home- since he will not sign the quit claim deed. This could cause you issues in the future if/when you wanted to refinance or sell.

Best of luck to you!
0 votes Thank Flag Link Mon Feb 8, 2010
You will have much easier going if you're divorced.
0 votes Thank Flag Link Mon Feb 8, 2010
You need an Attorney and a Realtor who can work together on your behalf. Divorce is a highly emotional time, and experts can help take some of the fire out of the situation and get things accomplished. It isn't a fun part of our job, but it's a reality that we work through these situations all the time.

Have a blessed day!

Ronda Allen, Realtor
and CEO of since 2005
RE/MAX Dallas Suburbs
0 votes Thank Flag Link Mon Feb 8, 2010
I highly suggest seeking Legal Counsel before you purchase anything while still legally married. Realtors can not give Legal advice.
0 votes Thank Flag Link Mon Feb 8, 2010

You need to look into qualifying for the new home by yourself. If he is keeping the existing home you need to make sure he refinances under his name.

If you are not officially divorced, conventional financing does not require your spouse to be on the loan.

Call me for further discussion / help.

Erik Konar
Mortgage Banker
Office: 281-583-0674 Fax: 713-400-8915
0 votes Thank Flag Link Mon Feb 8, 2010
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