Cannot purchase a home without soon-to-be ex-husband signature...?

Asked by Sara, 32835 Sun Feb 9, 2014

I was told that I can not purchase a home in Florida until my divorce is final or else my soon-to-be ex husband will have to sign some forms of paper work in order for me to purchase my home, in which soon-to-be ex-husband is unwilling to sign anything. Is this true and if so why?

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5
Trung Nguyen, Agent, Winter Garden, FL
Mon Feb 10, 2014
Sara,

It still doable, but expect the un-expect. It would be best to have an attorney on your side before you do anything right now or wait until you get the final settlement. I helped a client last year that went thru the same thing. What I can tell you was a nightmare. My client still bought the home afterward, but it's not until his attorney drafted up all kind of agreements between them.

Best of luck to you.

TN-Trung Nguyen
Real Estate Professional
La Rosa Realty LLC.,
Licensed in FL
tnguyen@larosarealty.com
http://www.tnguyen.larosarealty.com
Cell: 321.946.1403
0 votes
Thanks for your answer. That way we could give better advice to our Clients.
Flag Mon Feb 10, 2014
Tom Bawany, Mortgage Broker Or Lender, Winter Park, FL
Mon Feb 10, 2014
Yes that is true, since he will have to acknowledge that, if you are buying a primary or second home (not applicable for Investment property)

This does not mean that he has to be on the loan,

I am a Mortgage Loan Officer in Florida, pls call me if you need more details and a pre Approval

Thanks





Tom Bawany, Mortgage Loan Originagtor, \
NMLS #6521
HomeBridge Financial Services, Inc.
Ph: 407.924.2759 e: tbawany@homebridge.com
web: http://www.HomeBridge.com/tombawany
0 votes
Rosalina Esq…, Agent, Orlando, FL
Mon Feb 10, 2014
Remember is a Legal Document you will signing if you purchase a Home as a marriage person everything is Join Tenancy By Ownership so He will be as owner as you do. Finish your Divorce and then Buy a House.

I could Help you as a Realtor.

Rosalina Esquilin
Charles Rutenberg Realty
rosseproperties@gmail.com
0 votes
Stephen McRo…, Mortgage Broker Or Lender, Tampa, FL
Mon Feb 10, 2014
YES, he can stop you dead in your tracks! You can get all the way thru the purchase and loan processing and if he suddenly refuses to sign OFF on the mortgage AT closing, relinquishing and waiving any Homestead Rights to the property you're purchasing (Primary Residence), YOU WILL NOT CLOSE...PERIOD!....Beware as some slick attorneys will tell their client to go along with the soon to be EX's desire to purchase a home, then right before closing they hit them with a list of divorce concessions/ demands! (i.e. extortion).....And NO, as absurd as it may seem, to my knowledge there is no document that they can sign up front to ensure you can close if he decides to not sign OFF on the mortgage at closing.--------However, I know of ways to increase the chances of a soon to be EX to cooperate. Call me after 11:00 today.
0 votes
Dan Tabit, Agent, Issaquah, WA
Sun Feb 9, 2014
Sara,
At the heart of your question is a legal matter that we may not be qualified to give a definitive answer to. My best guess would be to avoid him coming back after the fact and claiming some ownership due to community property. Until your divorce is final, you are still connected for better or worse as the saying goes. By requiring him to sign off (likely deny any future claims to the home) they are protecting you against a future nightmare.
If he is unwilling to sign anything, it is likely he either doesn't understand either or wants to continue to make things difficult. You know him better than we do.
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