As the others say he will also own it per state law, I guess it depends on how much equity you will have in the home and whether you want to take the chance that he will sign off on the Quit Claim Deed. He will have half the equity but you will have all the debt. Weigh out why you are buying right now and what the chances are he will sign off. Not to mention you may have an issue if the money is out of a joint account. If there is anything I can help you with or any other questions let me know.
The other agents are correct -- in Minnesota, it takes one to buy and two to sell meaning your spouse will have a spousal interest in the home. You can either wait until after your divorce is final or if you buy before that time, you'll have to count on your spouse signing a quit-claim deed giving up his rights after the divorce is final. - Steve
If you take tile to any property while you are married (legally) that property will also become you wifes property. You will then have to add it to the divorce decree to determine who is left with the property. I think its best to hold off on buying till the divorce is finalized, or you could see if the person would lease you the property till your divorce is finalized and then enter in to a contract for deed.
If you want 100% accurate legal advice I would contact an attorney, none of us are. Good luck!
According to my knowledge if you are married and buy a home, it will belong to your spouse too. Both are owners.
Then, if you divorce, your spouse will owned that property too and will have to be on the divorce decree if you had an agreement.
If you want to sell later, you need yoru spouse signature too.
I do not recommend separate married people to buy a home.