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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2556
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This is for my friend. His wife is in another country, not a

Customer Question

This is for my friend. His wife is in another country, not a permanent resident of US. Husband is US citizen, still married but separated. Wife does not want to communicate to the husband, husband wants to buy real property but wife refuse to sign the waiver.
Question: How can this man own a real property if wife is uncooperative? He considered divorce but wife will not sign paper either for economic security.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?

Expert:  Damien Bosco replied 9 months ago.

What state does the husband live. What state license is it for the marriage?

Customer: replied 9 months ago.
He lives and work in California but planning to relocate to Texas. married in Turkey
Customer: replied 9 months ago.
he wanted to know what are his chance and options in owning Real Estate properties
Expert:  Damien Bosco replied 9 months ago.

Since it is a Turkish marriage and the wife does not live in the US, it is unlikely that US law would apply to the marriage itself. In any event, a US citizen has a right to purchase property in the US and does not need the approval of the spouse if the money is the spouse's own money and not jointly held with the spouse. We can discuss more if you would like to do so.

Customer: replied 9 months ago.
But when he first came, he came in a H1 Visa and at one point the wife even got her Permanent resident only to lose it because she has no intention of staying here and for more than 5 years have not come back to US.
Customer: replied 9 months ago.
everytime he applies for mortgage, he would declare that he is married because he was never divorced and the bank would always ask for a waiver to be signed and notarized in Turkey. Can this be circumvented?
Expert:  Damien Bosco replied 9 months ago.

So, the real issue is that the mortgage company is asking for a waiver from the spouse prior to issuing a mortgage. I am not sure if he can circumvent that rule because each lender can have its own rules. The only way is to keep on asking mortgage companies. There is no law requiring mortgage companies to lend money to a spouse without a waiver. Each mortgage company makes up its own rules. This is the best I can tell you from this site. It is an unfortunate situation.

Customer: replied 9 months ago.
Thank you
Customer: replied 9 months ago.
sorry, I was wrong, escrow requires it not the bank.