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  1. #1
    Join Date
    Jan 2008
    Posts
    1,948

    Question Buying A Home While Divorcing

    My question involves real estate located in the State of: CA

    My friend and her husband filed for divorce last month. They are still working out terms of their MSA. Her husband just made an offer to purchase a condo together with his 'girlfriend'.

    Since he is legally still married and CA is a community property state she is trying to figure out how they can be listed together on the title...
    would it be "Joe Blow, a married man as his sole and separate property, held jointly with a Jane Doe, a single woman"?

    As they do not have $600K in cash - will my friend be required to sign all of the loan paperwork as the "non-obligated spouse"?

    She is trying to figure out if his obtaining her cooperation in this can be used as a bargaining chip to get his cooperation with the MSA... any info appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Buying A Home While Divorcing

    It's easiest to wait until a divorce is final before buying new real estate. Your friend should not expect to be able to sink her hooks into real estate he buys with his portion of the divorce settlement or his own separate assets, even if the divorce is not yet final. If she wants to make demands for cooperating with the execution of necessary paperwork, that's her prerogative - I guess it all depends on how you approach life. They should be working with their respective lawyers.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Buying A Home While Divorcing

    She doesn't want any portion of the new real estate or anything like that. Her husband introduced their kids (3 and 7) to his girlfriend before the wife even knew husband had a girlfriend - and within a week of separation/filing.

    The wife does not want the girlfriend to be present when the husband gets the kids for visitation. As it stands right now the husband always brings the girlfriend when he has visitation and refuses to visit his kids unless his girlfriend is with him. The wife's lawyer says the judge could see it as the wife trying to deny the father access to the children if she says the girlfriend is not allowed at her house.

    With the twist of perhaps (hopefully) the husband needing the wife to co-operate on his house purchase - the wife is hoping that she can get the girlfriend banned from coming to her house in the MSA in exchange for signing off as the NOB.

    Makes me glad my divorce is over!

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