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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22998
Experience:  Attorney with 14 years experience
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I am buying a house but my divorce is not final. We have been

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I am buying a house but my divorce is not final. We have been separated for 3 years and I do not know where she is. I Have been told that I have to buy the house as a "married man", NOT as an "un-married man". Since I have to move, I have to buy a house. I want to buy the house in my name only. How do I do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Since I have to move, I have to buy a house. I want to buy the house in my name only. How do I do this?
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First I will tell you from a purely legal perspective that if you are still legally married, then you would have to take title as a married person because as soon as you purchase the house, your wife would own 50% of it instantly. This is due to the fact that you are still married and CA is a community property state and anything acquired during the marriage is community property and subject to an equal division upon a divorce.
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However, if you were to tell the seller that you are unmarried, although this is not legally correct, they can prepare the deed that way. It could cause problems in the future if you ever went to sell it and there was a title search performed that showed you were married, but never legally divorced. This is because you couldn't convey good legal title to the property since you would only own half of it due to the marriage.
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So the safer course would be to go ahead and file to get a divorce. If you can't find your wife, you can still get divorced, it is just a little harder. You have to file the petition for divorce and then show the judge that you have tried everything you can to find wife and have her served. Then the judge will allow you to get "service by publication" by putting an ad in the classified section of the paper. When she doesn't respond, the judge will give you a default divorce.
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Then it would be safe for you to purchase a new house and not have any problems in the future.
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22998
Experience: Attorney with 14 years experience
Barrister and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I have to buy the house now and sign the papers tomorrow. I have filed for divorce and the judge denied it because he said that I did not search for my wife enough and need to send certified mail to her last known address. So, I will be sending certified mail in the next few days.


My house is foreclosed and auctioned off ... because my wife had signed my name on a re-fi and other home equity loans on this and other property (in ca and nv) and many credit cards. Identity theft....DA contacted, police reports... My credit is shot and I am using the bank settlement for the fraudulent loan to buy a very less expensive house.


So it looks like I will buy it as "unmarried".

Expert:  Barrister replied 1 year ago.
You can do that but it will make it very difficult later to sell if they catch it...
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But if you pursue the default divorce, you can ask in the petition to be awarded the house since you have effectively separated and purchased it after that...
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.
Thanks
Barrister

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