Q: Can I put an offer to purchase a house while in the process of divorce as long as I do not close until divorce is final?
My wife and kids are moving out of state we are going through divorce and waiting in court date for non contested divorce. I have found a house I want to buy and want to put in an offer. My wife doesn’t want anything to do with the house or any compensation for it/from it. Can I put an offer in as long as I don’t close until divorce is final?
A:
Yes and No:
NO, because if you do it will be considered to be Community Property subject to division by the Court. The "inception of title" begins with signing an Earnest Money Contract, not closing/receiving the Deed.
YES. However, there is a specific way to structure the transaction to make it your Separate Property. It is called Pro Forma. If your wife agrees, you can purchase during marriage as Separate Property.
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