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Legally Separated, No Joint Debt. Still Having Issues with Lenders

Profile picture for kmarie358
I got married last January (2011). We separated in February 2011. So, we were married for one month before separating. It is now coming up on the one year legally separated in which I can file divorce papers. However, after the papers are filed in Feb, it can take months to get a court date to make it a legal divorce. We NEVER owned any property, cars etc together. Never accumulated any debt. We have absolutely NOTHING together. I never even changed my last name. Yesterday I called to get a pre-approval and they told me to wait until the divorce was final. That is too long for me to wait. I'll be homeless in the spring (I'm renting at the moment but cannot rent month-month) and would like to get the house purchase under way. What can I do since this is such a cut and dry divorce where there is NO worry for debt etc...?
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January 06 - Columbia

Replies (5)

Profile picture for Zilluminati
You probably should wait. It is for your own good. Let's say you bought a house tomorrow for $150K, and it was a house you bought "$50K under market value", you husband could demand that you write him a check for his half of that equity, before he would grant your divorce. He'd have the right to do so under SC law.

I'm not a Lawyer, just a married RE Agent who has never been divorced. Basically, there is no way to keep your husband from owning half the house until you don't have a husband. If you want to buy a house with a man you've decided to divorce, you could, but it isn't wise. No Lender wants to end up in the middle of that unwise decision.
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January 06
Profile picture for funds2
The issue is likely that if you purchase property while still married your spouse would have an interest in the property, and would have to sign deed of trust etc. That I am sure is not what you would want to deal with.....
States have different laws about marital/community property rights and getting input from a real estate attorney is recommended.
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January 06
Profile picture for SacRELender
Be very wary of any advice you get on this board unless it's from the state you live in.  The law in this area is all state law, and each state can be different.  Even then, it's probably more a legal question then a lending one.
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January 06
Profile picture for Kyle Baird
Definitely talk to an attorney.  Getting a divorce is a mega pain in SC.

Good luck!
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January 07
Profile picture for Gary Bell
Your first step is to consult your lawyer about any ownership issues that might arise if you purchase real property before the divorce is final. If they advise you that it is OK to proceed then you might be able to find something owner financed. Contact a local real estate agent and they can guide you through this process.
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January 07
 
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DiscussionLegally Separated, No Joint Debt. Still Having Issues with Lenders
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