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  1. #1
    Join Date
    Oct 2012
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    5

    Question Is It Possible to Purchase a Home During Divorce

    My question involves real estate located in the State of: Nevada
    Ok, I am in the process of (DIY) divorce at this time and not only is it taking longer than planned but now that I have filed the decree and we are awaiting a court date, my husband is fighting for reconciliation. We are currently living together in a rented apartment that is quite small for us and two children on the best of days but downright claustraphobic during a divorce. He won't leave and I can't unless I can purchase a home. I have been approved for a loan by myself and can afford the home by myself but I am looking at a 60-90 day escrow. I had been under the mistaken impression that as long as the divorce was final by closing, that it would not be a problem but I have been advised by the realtor and lender not to make an offer until the divorce is final. I asked my husband if he was willing to sign something stating he would not have any rights to the property and he said yes but it would have to have a time limit in the event we do accomplish a reconciliation and he puts equity into the home. I did some research online and found pretty much the exact thing I want on another forum:
    "I had to sign a section in the purchase agreement for the apartment he bought basically saying that (1) I knew he was buying it and for how much, (2) we had plans to divorce, (3) that I was cool with the property not being counted as marital property and that I had no responsibility for the loans or any financial responsibility of any kind for the apartment now or at any time in the future, (4) I had no claim to the property, and (5) if for any reason we did not divorce within X amount of time, the property (and/or proceeds from it if any) would automatically become marital property (as would responsibility for the mortgage)."

    But I believe this may have been done in another country, let alone another state. Would it be possible to put something to this effect in a quit claim deed (which the lender requires he signs regardless what happens since I am the only one on the loan) or purchase agreement? Nevada is a community property state. I understand that purchasing a house before the divorce is final will most certainly make the divorce complaint and decree obsolete. I would like to start the buying process as soon as possible and have just about become desperate enough to go ahead and take my chances that he will stay true to his word that he won't try to take the house from the kids and me.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is It Possible to Purchase a Home During Divorce

    I agree with the realtor; wait until the divorce is over and done with.

  3. #3
    Join Date
    Oct 2012
    Posts
    5

    Default Re: Is It Possible to Purchase a Home During Divorce

    Can you elaborate why you agree? Can you elaborate on why you don't think the clause in the purchase agreement or quit claim deed is not a good idea?

  4. #4
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Is It Possible to Purchase a Home During Divorce

    It is possible to buy a new home while a divorce is pending, but the process should be carefully negotiated and approved by the court. Otherwise, the new home and its furnishings may become another set of assets for the divorce court to divide.

  5. #5
    Join Date
    Aug 2012
    Posts
    403

    Default Re: Is It Possible to Purchase a Home During Divorce

    Quote Quoting nevadamama
    View Post
    my husband is fighting for reconciliation. I asked my husband if he was willing to sign something stating he would not have any rights to the property and he said yes but it would have to have a time limit in the event we do accomplish a reconciliation and he puts equity into the home.
    You need to make it clear to him you do not wish to reconcile. If you are still considering reconciling with him, maybe you should put the buying a house thing on hold. But it sounds like you are ready to get divorced and he is not. So maybe try to be firm with him that you really think it can be reconciled.

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