I have been trying to purchase a home & so far I am able to get approved without using my husband information. We are on the verge of divorce. The approval process is based only on my income, credit score & debt. The money for the down payment & closing cost will be only from me. Am I able to purchase a home without him on the title if our divorce is not yet final or am I going to have to wait? We have been married for 5 years. Is he really entitled to money from my retirement account that I have been putting money into for over 20 years? He was incarcerated for 3 out of the 5 years we have been married. I have been the primary breadwinner the entire time & he says he will be able to get support from me, be part owner of any home I buy & get half my retirement plan?
You have many questions. I strongly suggest you hire an experienced local attorney to help you. Your husband likely only be entitled to a fraction of your investment account. A lawyer can work that out for you. Finance Laws affect who has to be on the real estate documents. Generally, he will be on the papers with you. I suggest to my clients to wait until after the final judgment, it is cleaner that way.
I wish you all the best
David A. Carroll
Pensacola Divorce Attorney
I appreciate the opportunity to answer your question. However, please keep in mind that this answer is based on very limited information and should only be considered for general legal information and not necessarily specific advice to you. By answering this question we have not created an attorney client relationship and none is intended. The best advice I can give you is to obtain legal counsel of your own and spend time to go over all facts, issues, relevant laws, and strategies and make sure your fully understand all of your rights and responsibilities. Again, this answer does not create an attorney/client relationship and none is intended.
You should not only be thinking about the retirement account and whether you could obtain the home titled in your name only-- you should also be concerned about buying a home during the marriage. Unless all of the money you are using for the down payment and mortgage payments can be traced to a completely pre-marital or non-marital source, as opposed to income earned during the marriage, which has never been commingled, the home may be considered a marital asset regardless of title because it is acquired during the marriage. The longer you are married, the more that all of this will be an issue for you, including continued appreciation of your retirement account. I suggest retaining family law counsel about filing for a dissolution of marriage. Many offer free or low cost consultations.
This response is provided publicly, based upon limited information, for general educational purposes only and is not meant to provide legal advice relative to any specific case. You have no attorney-client relationship with the responding attorney, and have not even consulted with the responding attorney by participating in this forum. Any statements hereon should not and cannot be used as a substitute for competent legal advice from an attorney licensed in your state or jurisdiction made after a complete consultation.
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