I am disabled and receiving SSDI and we have agreed not to battle. I want to purchase a very modest home in my name via FHA. Am I able to do so without his signature on my deed or mortgage. He is about to retire age 68 in 2014. I am 53 and love him however, we have just grown in separate directions. One grown child last year of Grad School. I want him to keep the marital home due to the fact he choose it and LOVES this home. Please help me regarding this matter.......My illness has taken a turn for the worse and I must get out of this stressful situation.....no drama, just want peace and all my friends have said get a lawyer and I really don't feel the need to go and launch a missile. Thank you for any guidance, law expertise. Lynn
Divorce / Separation Lawyer
Your friends are right - you should consult an attorney but consulting an attorney doesn't mean you have to "launch a missile." If you want to purchase a house for your own, then the attorney can write an agreement for you and your husband to sign, indicating that this is your house and that he makes no claim to it. If you want him to keep the other house, that could be included although you'll want to think long and hard about whether it's smart to relinquish your right or claim to the equity in that property. But, again, consult with an experienced family attorney in your area. Make it clear that you're not seeking a divorce. All you want to do is ensure that the new property is yours. Your husband should not take this as an attack on him but rather a way to keep matters uncomplicated.
Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.
Family Law Attorney
If both of you retain reasonable and experienced family law attorneys to negotiate an agreement that accomplishes both of your goals, there is no reason to have a battle. Many divorces are resolved amicably if the parties have either reached an agreement or are committed to moving forward without litigation and excessive fees and costs. Collaborative divorces are one such way to accomplish this goal. Check the Internet or your local bar association for a referral.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.