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Financing real property without spouse signature in community property state

Las Vegas, NV |

Likely divorce pending. Would like to buy home to move to, rather than wasting money renting. Can qualify on my income and credit alone. Ex-to-be wouldn't make things easier and sign anything though. If it is considered community property, don't really care, own current home (community property) free and clear, would be downsizing to 1/2 value of current home, so ultimate split would be about even w/no real equity in new home (minimal down payment). It would save a lot of hassle, moving expenses, etc., if it could be done. Can it?

Attorney Answers 1


Community property is anything acquired during marriage; so a house bought beofre a divorce is community property.

Most lenders are not going to give you a mortgage without your current spouse signing a quitclaim deed or a grant, bargain sale deed, relinquishing her interest in the new house because lenders believe that spouse has an argument for either an equitable or legal interest in residence (or both) and that she could possbily encumber their collateral.

Not quite sure why you can't handle the marjofiry of this after the divorce and why there is such a big hurry to buy house.

Also don't quite understand what the plan is concerning the home that you and presumably your current wife are living in.

Sorry, really do need more info. and this public board, isn't the best place to share particulars.

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