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lisacee
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Reged: 01/15/10
Posts: 1

buying a home in the process of divorce

#622665 - 01/15/10 04:31 PM

My husband and I have been seperated for 18months and I filed for divorce in Sept. I have found a home I would like to purchase but have hit road blocks becuase I don't have my divorce decree yet. I have been preapproved for a loan, I have 20% to put down, I even have a judgment for the child support. Is it really necessary to have the divorce decree first? This can't be a unique situation!

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fradoff
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Reged: 01/20/10
Posts: 5

Re: buying a home in the process of divorce

[Re: lisacee]
#624695 - 01/20/10 07:08 PM

Hello Lisacee,

My name is Franklin Radoff and I'm a CA divorce attorney. The answer to your question is: Yes, it is necessary to have the divorce decree first. If you need any other questions answered or a second opinion on any other matter of your divorce, just give me a call at (805) 522-1160...also, feel free to visit [censored]://[censored].california-divorce-attorney.com.

Franklin Radoff, Esq.

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CAFamilyLawCoach
journeyman

Reged: 01/02/10
Posts: 63

Re: buying a home in the process of divorce

[Re: fradoff]
#626847 - 01/26/10 05:31 PM

I disagree with Franklin (sorry Franklin!). You don't need the divorce judgment to buy a house, but you DO need him to sign off on the purchase (agree to it IN WRITING to avoid violating the ATROs, sign off on any interest in the house, etc.). Good luck.

--------------------
Christina McPherson, Esq.
Hourly family law coach
CAFamilyLawCoach.com

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fradoff
recently joined

Reged: 01/20/10
Posts: 5

Re: buying a home in the process of divorce

[Re: CAFamilyLawCoach]
#627985 - 01/29/10 10:54 AM

I would suggest that you obtain a marital settlement agreement, which would conclude your divorce and allow you to buy the house will full disclosure therein. Assuming you are not divorced, CA lenders will not loan you money as a married woman without a Quit Claim Deed from your spouse. The purchase of a home while you're still married is a complicated issue, not a simple sign-off on the purchase. You will need the advice of an experienced qualified attorney before attempting such a purchase, while married. For more information, give me a call (805) 522-1160.

Franklin Radoff, Esq.
California-Divorce-Attorney.com

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