There is no reason for not being able to give you a clear answer to your situation with all of the pertinent info. I'll try to give you a basic answer, but to be certain of the answer I'd have to talk to you to make sure I have all your information. If you have filed a legal separation agreement or petition for divorce, then that would provide the lender with the proof that you are purchasing a new primary residence. However, if you intend to have your soon-to-be ex co-sign with you because you don't qualify on your own, then FHA would be the only option to combine both of your incomes and debts to make your debt-to-income ratios work. Even then, that may not work with all lenders as the combining of income and debts for a non-occupying co-borrower (your ex) with your income and debts is typically only acceptable for a family relationship (parent-child). Your family relationship is severing because of your divorce. Additionally, if you have a current FHA loan on your home, you probably will not be able to use FHA for the new purchase. If you haven't filed for divorce, then you can both purchase the new home using conventional financing, but you must qualify for the new home and current home payments without including any rent from the current home. There may be some issue with the lender buying the fact that the new home will be a primary residence if it is a smaller, less expensive home than your current home. What may be a better option for you is to purchase it as an investment property (there is a higher cost and 20% down), but it would be a clean, simple way to get this done. If you are getting any alimony/child support once your divorce is done and you have 6 months to a year's worth of history, you can refinance as a primary residence in your name only (if there is enough support income). There are a couple more creative options we could discuss and a few other questions I'd need answered, but I would be happy to discuss further if you'd like.
President / Mortgage Consultant