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can i buy a house in minnesota before my divorce is finalized

by sarahposh368 from Audubon, Minnesota. Oct 28th 2013 Reply


Tim Swierczek (TimSwierczek)
#23 ranked lender in Minnesota - 25 contributions

Hi Sarah,The answer to your question depends on if a divorce petition has been filed. Once the divorce is started in the courts is it not legally possible to close on the purchase of a home. The reasons are many but the simplest reason is that until your financial picture is determined through the divorce court it is not possible to determine if you will be obligated on joint debts, or if you will need to pay or if you will receive income from the divorce. There are other reasons but they get a bit more legally complicated.Tim

Oct 28th 2013
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

Yes you can.. however only if your spouse is willing to sign a disclaimer deed, which basically says that your purchasing the home as sole and separate... however if you want a clean impenetrable purchase, you should wait till the divorce is finalized.. .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Oct 28th 2013
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

YES you can, but it is best if you wait... Remember, until you are divorced, you are married. So in this case, if you buy a home while still married, regardless of what step in the process you are, he still will be legally get half. You can work around it with quit claim deeds, and such, but it is best to just wait. Mortgage lenders also do not want to lend during this period because they don't know the final outcome. For example, you think you are getting significant alimony - which makes you comfortable about buying the home, only to find out you get nothing when the divorce is final - making the home unaffordable. I'm right here in St Paul, and a Top 150 in the Nation rated Loan Officer. Feel free to call (651) 552-3681 with any questions.

Oct 28th 2013
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Mary Chris Gallo (MaryChrisGallo)
#46 ranked lender in Minnesota - 116 contributions

You can...but you likely don't want to. In Minnesota, your spouse has an interest - or ownership - in whatever was purchased during the marriage. To avoid any future hassles, you should wait. (Although, I'm not - by any means - a lawer, and am not able to offer you leagal advise. You should consult with your attorney on this matter.)

Oct 28th 2013
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Dave Metsker (DaveMetsker)
#35 ranked lender in Oregon - 2,318 contributions

Another option is to locate a house that you can purchase on a lease option contract. Complete the purchase after your divorce is complete.

Oct 28th 2013
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Steven Brand (stevenbrand)
#2 ranked lender in Minnesota - 121 contributions

Great answers. As you've heard "yes... but there are pros and cons" is the best answer. I'd suggest getting together with a licensed LO to review if you have the credit, income and assets along with looking at the whole picture.

Oct 28th 2013
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Phil Dumouchel (PhilDu)
#32 ranked lender in South Carolina - 2,249 contributions

In addition to the other excellent answers, reminder that none of us are here to give legal advice - check with your attorney as well. Good luck!

Oct 28th 2013
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Possibly, I have had cases where there was no issues and others where it is best to wait. We can discuss your situation specifically if you would like.

Oct 28th 2013
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