# Looking / Buying a house during divorce



## aston (Oct 24, 2011)

Has anyone ever done this? I was out looking at some potential properties and although I'm not looking to buy yet I was pondering the implications of this.
Anyone know a thing or two about buying property during divorce? Even after giving EW the house and agreed to keep paying the mortgage on it?


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## Cherry (Sep 23, 2009)

Have you searched your state's laws? I know here, from the date of separation, anything you purchase is yours and no longer considered marital property, considering your not buying the house with hidden assets or marital monies. 

As for the mortgage on the marital home, is it in writing that you keep paying for it? Was it verbal? Are you not wanting to agree to pay the mortgage anymore on that one?


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## aston (Oct 24, 2011)

Well since she wants primary custody and we've agreed on that, it's only natural to keep paying the mortgage because her well being is important to the kids well being. So yes I'm paying the mortgage on the house thats fine.
Was just thinking since the separation is happening to go ahead and buy or not.


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## Cherry (Sep 23, 2009)

I would double check with the laws on divorce in your state, but like I said in our state, once a legal separation has occurred, it would not be a problem. One thing I didn't think of though, and you may want to check with a mortgage company, or real estate attorney, is that since you are still considered married, what the paperwork to close on a house would look like. When we bought our house, even though my H is not on the mortgage, he had to sign something, I think the Deed of Trust, that would give him ownership of the home should something happen to me. I want to say this was a requirement because of we are married, but I can't be for certain.


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## aston (Oct 24, 2011)

The current house is in her name but I pay for it since she wanted the house and more or less bought it under her name. in our state it's not required but I signed onto the Deed (which I'm beign taken off as we agreed upon).
I will keep checking though.


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## johnnystrauss77 (Nov 15, 2011)

Well, I also think that if the mortgage rates are reasonable according to the place and condition of the house than I am satisfied. But last mortgage place was too dull and monotonous so I have to leave it after 2 month. Then I found a mortgage house in Tennessee which is like what I want and you don't need to worry about divorce becuase it's your personnel decision and you can buy it.

Mortgage Tennessee


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## Janie (Apr 10, 2010)

I was advised not to buy until divorce was final without a marital waiver. If stbx would not sign a waiver, it would be considered marital property and half would be his. Didn't even matter if the money came from separate funds. 

Check the laws before you do anything.


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