Posted on: 16th Nov, 2008 06:02 pm
Can a spouse buy a home, while separated, in a community state?...My husband and I have been separated for several years, with no plans of divorce. He agreed that I could buy a home. So, now that we are in the process, have found out that we both are required to be on the title. Even though the loan is in only my name. He doesn't want his name on the title. What are our options?
Hi BARBARAIVY!
Has the lender told you to include both of your names in the deed? Can you tell me the state you live in? I guess, the reason is that both of you are not legally separated. I would suggest you to speak to a few more lenders and check if they are objecting or not. You may even ask your present lender to explain why he wants both the names on the deed. The lender will have to explain it to you.
Thanks
Has the lender told you to include both of your names in the deed? Can you tell me the state you live in? I guess, the reason is that both of you are not legally separated. I would suggest you to speak to a few more lenders and check if they are objecting or not. You may even ask your present lender to explain why he wants both the names on the deed. The lender will have to explain it to you.
Thanks
Hi BARBARAIVY,
Welcome to our community forums.
I think a spouse, though not legally separated, can still buy a separate property even in a community property state. I don't think both of you need to be on the title? can you tell me how you've come to know about this?
Moreover, if your name will only be on the title, I don't see any reason why you can't purchase property solely in your name. Well, i think you should consult an attorney who's aware of community property laws. If in any case, if the attorney says that's true, well then the best way out is to have your spouse sign on an interspousal deed and relinquish his rights, if any on the new property. This way, you can be the sole owner of the new home.
Regards,
Jessica
Welcome to our community forums.
I think a spouse, though not legally separated, can still buy a separate property even in a community property state. I don't think both of you need to be on the title? can you tell me how you've come to know about this?
Moreover, if your name will only be on the title, I don't see any reason why you can't purchase property solely in your name. Well, i think you should consult an attorney who's aware of community property laws. If in any case, if the attorney says that's true, well then the best way out is to have your spouse sign on an interspousal deed and relinquish his rights, if any on the new property. This way, you can be the sole owner of the new home.
Regards,
Jessica
I would think that if you have a legal separation aggreement the community property laws would not apply.
Think of it, if you were married, during a divorce, generally you go through separation first and agree upon division of assets.
I would contact a title lawyer. The lender you are working with should have a trusted title lawyer that they could refer you too.
Think of it, if you were married, during a divorce, generally you go through separation first and agree upon division of assets.
I would contact a title lawyer. The lender you are working with should have a trusted title lawyer that they could refer you too.
you should be able to purchase a home in a community property state as your "sole and separate property", however, this will require your spouse to sign a quit claim deed or disclaimer deed.
home purchase
Hi bobbi,
Yes, your husband can buy a home while working in another state. However, he needs to meet all the required criteria of the lender.
Yes, your husband can buy a home while working in another state. However, he needs to meet all the required criteria of the lender.