Birmingham, AL asked in Divorce for Alabama

Q: complaint for divorce been filed, can I buy a house before judge signs papers but after we both sign divorce papers.

We have completely agreed and signed on financial/property belongings. I am just waiting for him to sign final papers but I want to put in an offer for a house. So can I close on this home before judge signs off on divorce. This is basically an uncontested divorce.

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1 Lawyer Answer

A: There is probably a "status quo" order in place, that prevents you from doing what you describe. You say the complaint has been filed. THat means you are in court, and that the status quo order is probably in place. You should wait until you get a final order on the disposition of the real property, or if you can't do that, move the court to allow you to do what you are proposing pending the final order. You would be foolish to do this without an order during the pendency, or a final order. This does not even address the fact that you might be buying something that your "ex" spouse could have a right to, should you not get the final order you anticipate.

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