Q: Hello! I wanted to get advice on my current situation. I have filed divorce from my husband and i am just waiting

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.

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.