can I buy a house w/o my spouses signature if we are seperated?

Asked by Frank, Minneapolis, MN Thu Apr 26, 2012

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Josh Lund, , Minneapolis, MN
Wed Jul 15, 2015
Hello Frank,
Good morning.
MN is a community property state. One married person can buy a property solo, but when they go to sell it BOTH married people would have to be ok with selling it. This seams like something you would talk to an attorney about before making any decisions. If you are still in the market to buy a home? If so, I would love to see if we can help you out. Do you have a realtor yet? If not we have preferred ones we can get you in contact with. I would like to see if I can help you out with a home mortgage. I will try and make this a very easy process. Please let me know how to help out.
Thanks much.
Josh Lund
MN District Branch Manager
NMLS # 387408
Gold Star Financial Group
Mobile: 612.802.3265
Office: 952.884.5442
eFax: 877.666.0007
1 vote
Amanda Demps…, Home Buyer, New York, NY
Wed Oct 18, 2017
I live in alabama. I just seperate from my husband and he is trying to sell our house out from under us. If both of us our on the deed can he do this.
0 votes
Allannardo, Home Buyer, New York, NY
Mon Mar 16, 2015
Is it posible to buy a lot without the signature of the husband of the owner
0 votes
Jeff Byrd, Agent, St Paul, MN
Fri Apr 27, 2012
Your first step should be to speak to an attorney who can lay out the pros and cons of buying at this time. Next if you are financing you would want to talk to a knowledgable loan officer and see if your spouse has to sign anything at closing as they will have an interest int he house that may be necessary for the mortgage. This is a time for caution.
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Mark Claesse…, Agent, Coon Rapids, MN
Thu Apr 26, 2012
Great question and some great answers, Frank. I give them all a thumbs up for good answers and although I am normally good for another spin.....I could not possibly add to what my colleagues have shared.

0 votes
Stephanie Fox, Agent, Minneapolis, MN
Thu Apr 26, 2012
Yes, you can buy a house without your spouse's approval or signature, but if you ever want to sell it, you'll need a signature even if you are divorced at that time unless you get a quit claim deed at that time. However, there's no guarantee that your spouse will give you one without you giving something in return. Of course, I'm not a lawyer and I suggest that you discuss this with your attorney. But, if you want to buy a house before the divorce, you may risk problems. If you buy a home the day after the divorce is finalized, these problems should probably disappear.

Talk to your lawyer before making any decisions.

stephanie fox
0 votes
Susan Hoffla…, Agent, Shoreview, MN
Thu Apr 26, 2012
Hi, Frank!
yes, in MN we always say, "1 to buy, 2 to sell". That means a spouse can buy a property, but if they're still legally married when it's purchased, when the property sells, they both have to agree. That's because they both have a financial interest in it because MN is a community property state.

Usually, when people are getting divorced and they're each buying another property, they each agree, as part of the divorce, to sign a quit claim deed to the other's property, which would terminate any spousal interest in the property.

HOWEVER, I'm not an attorney!!! It would be best to seek legal advice as there are always changes and exceptions in the law.

Good luck!!!
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0 votes
Jeremy Rock, Agent, Minneapolis, MN
Thu Apr 26, 2012
Short answer is, yes. But the concerns that the other answering parties expressed are valid. It is advisable to seek legal advice before you make that decision.
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, ,
Thu Apr 26, 2012
It has been my experience that you don't need your spouses signatures to purchase the home, but she will still have marital status to the property since you aren't legally divorced. I would talk to a lawyer about it,but this is my experience.
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Elizabeth Fu…, Agent, Wayzata, MN
Thu Apr 26, 2012
Yes, MN one can purchase, but it takes two to sell. If you completed the purchase, with or without your legal husband's signature, both of you would have to sign off when you sold. You should also realize that while you are married, assets would be considered marital property in most cases. I advise you to speak to your attorney. Too many individual variables could apply here, beyond the usual buying or selling considerations. Good luck! Liz
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Donald James, Agent, Edina, MN
Thu Apr 26, 2012
Hi Frank,

Short answer is yes. Minnesota is a joint tenancy state so if you are still married your spouse may have to sign a quit claim to give you full ownership. It may be worth a conversation with our RE attorney (consultation is free),
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Deb Johnson, Agent, Plymouth, MN
Thu Apr 26, 2012
As long as you are legally married, he will have 50% ownership in any property you purchase. The laws are very clear on this in the State of Minnesota. However, if you are on good terms and he would agree to Quit Claim the deed to you upon the finalization of the divorce, it could work. This is more of a legal question, so I would consult your divorce attorney before entering into any purchase agreement. However, if you have any additional real estate questions, please feel free to contact me direct. Deb J at 612.701.8771. Good luck.
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