In the process of divorce and wanting to buy a house.
Hello Law Gurus!
I'm going through a divorce in California, and it'll take about a least 6 months.
Questions:
While waiting for the finalized/final judgment, can I buy a house under my own name?
Will it complicate the divorce process, such as I should tell the court that I bought a property during the divorce?
The restraining order (in summon) said I cannot move/transfer money around, but my husband is willing to sign a consent if I need to take any $ of money out from our community or separate savings accounts, for down payment or any related expenses.
Will his written consent valid for my withdrawal of money?
Thanks.
Answer
It is possible to buy a house while the divorce is pending if your ex-to-be is cooperative. Normally, however, it is a really bad idea because it must be documented and arranged very carefully. I cannot recommend strongly enough, therefore, that you have an attorney help you with both the process and dealing with documenting what you and your ex-to-be agree on. Otherwise the whole thing could easily come back and bite you . . . HARD.
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