“Gary: I am wondering if you can tell me the answer to this question. If a couple is going through a divorce, is either party permitted to purchase a new home in his or her name only prior to settling the divorce? Your input is greatly appreciated. Thank you, sincerely.”
***ANSWER:
First the obligatory disclaimer: Im not an attorney, so please verify my answer with a family law / divorce attorney.
For simplicity, Ill assume youre talking about your own situation.
Im not aware of any legal restrictions against you buying a home when youre going through a divorce.
However, you should have your soon-to-be-ex sign a quitclaim deed saying they have no interest in the property. This is critical even if the lender or title company doesnt require it. In many states, including California, if you purchase real estate while youre still married, your spouse has a legal interest in it. Not a good situation if youre divorcing them.
One more thing, you want to be very careful and have a frank discussion with your soon-to-be-ex.
More than once Ive seen a future-ex refuse to sign off at the last minute (even one who said it would be no problem), shattering dreams for a home purchase.
Hope that helps
