Q: Hello! I wanted to get advice on my current situation. I have filed divorce from my husband and i am just waiting
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if there is a document that can be drafted for ex to sign saying that the property that i’ll be buying would be my sole property. Or do i still need to show any form to the mortgage loan officer? I just want to make sure that my ex wouldnt have any claim to the first property i will buy. We have been separated since 2022. I will greatly appreciate any advice.
Case number for the divorce is D22-02607 Superior county of Contra Costa
A:
In California, properties acquired after separation but before the divorce is finalized can sometimes be considered separate property. However, this can depend on specific circumstances and interpretations of the law. Since you separated in 2022 and plan to buy a new home before your divorce is finalized, it's advisable to take steps to ensure the property is recognized as your separate property.
One approach is to draft a written agreement where your ex-husband explicitly relinquishes any claim to the property. This agreement should be thorough and legally sound, ideally prepared or reviewed by an attorney experienced in family law. It's important to ensure the agreement complies with all legal requirements to be enforceable.
Additionally, informing your mortgage loan officer about your situation is a good idea. They can provide guidance on any additional documentation needed to support your loan application given your unique circumstances.
Remember, each situation is unique, and the law can be complex. Seeking personalized legal advice is always the best course of action to ensure your interests are fully protected.
Robert P. Taylor agrees with this answer
1 user found this answer helpful
A:
First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's going to take 6 months to process the paperwork, you may expedite the proceeding by setting a court hearing date, at which time the judge could approve your divorce and the court clerk could stamp your papers as final. Not sure what the timelines are in Contra Costa County, but ask the court clerk.
The fastest way to get to your goal would be to have your husband sign a quitclaim deed on the property you're buying. Usually lenders will not loan a married person money to buy real estate unless both parties are acquiring the Realty or one of them signs a quit claim. If your ex will do that, probably no need to finalize your divorce first.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
