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Attorney2, Attorney
Category: Legal
Satisfied Customers: 6872
Experience:  29 Years In General Practice,
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I want to buy a house and my wife and I are legally

Customer Question

I want to buy a house and my wife and I are legally separated. Is there a way ( or document we can sign) to buy it without her having any right to it. Also can i file for divorce on my own.
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.

Welcome and thank you for your question. Will you be obtaining a mortgage to purchase the home? Yes there are documents that can be signed. If there is a lender they will have their own requirements.

Customer: replied 1 year ago.
Expert:  Attorney2 replied 1 year ago.

A lender will require her to waive homestead and may require a quit claim deed. Whatever they require you to have they should prepare for you. I can provide you a sample if that if would help. As far as filing for divorce will your wife have an attorney?

Customer: replied 1 year ago.
no my wife and I have no attorneys and are friendly
Expert:  Attorney2 replied 1 year ago.

If it is really friendly I would hire one attorney to do all the paper work so everything is in proper order. You and your wife agree on the distribution of assets and any other matters involved and have an attorney put the settlement agreement in the proper format and bring it to the court. You will save a great deal of money but you will also have legally correct settlement agreement and an explanation of what needs to be discussed.

Where in Colorado are you located so I can provide a link for divorce attorneys that provide free consultations? I cannot tell you how many time people have tried to go this without an attorney and there are future, costly issues, that could have been avoided.

Your wife will waive homestead which the lender will provide an your wife will sign a quit claim deed. I will attach a sample deed for you.

Expert:  Attorney2 replied 1 year ago.

This is a sample deed.

Ask the lender if they will be preparing this for you.

Expert:  Attorney2 replied 1 year ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Thank you for using JA! We appreciate your business.

Expert:  Attorney2 replied 1 year ago.
Do you have any additional questions for me.