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Replies (5)

- Hamp Yonce, "Zilluminati"
- Contributions:3463
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.
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.

- wayne lancaster, "funds2"
- Contributions:1177
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.
States have different laws about marital/community property rights and getting input from a real estate attorney is recommended.

- Bob Willett, "SacRELender"
- Contributions:194
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.

- Kyle Baird, "Kyle Baird"
- Contributions:72
Definitely talk to an attorney. Getting a divorce is a mega pain in SC.
Good luck!
Good luck!

- Gary Bell, "Gary Bell"
- Contributions:45
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.
Legally Separated, No Joint Debt. Still Having Issues with Lenders
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