I realize this is a legal question, and am not expecting any detailed answer to this, just wondering if anyone has gone through the same thing.

I'm trying to purchase a house while my divorce is underway. The divorce action has been filed. The money for the down payment would come exclusively from assets which were mine prior to our 10 month marriage. Apparently, despite this, I need to have my wife sign some sort of waiver of her rights to the property. I really don't know what rights she would have, although I think it has something to do with what happens to the property should I die. Or possibly it acknowledges that the property is not a marital asset and as such she has no claim on it.

Has anyone else tried to do this? If only half of the equity is at stake, my best bet might be to just put down the minimum amount and risk her going after it.

Just wondering if anyone knows any more about this or has experience with it.

Personally, I suggest you do NOT purchahe divorce is complete and you have the decree in your hand. Then there can be no argument about it.

If you buy it now & even if she signs something, she could still take you to court and at least make it nasty for a while.

I was told that once the divorce papers were filed, that all financial aspects are separate. If your initial assets are in question (ie. you contributed to that account during the M) then you might have a problem.
I filed a year ago and nothing's resolved, and my lawyer has encouraged me to find a place since my daughter starts first grade in the fall.

*I* wouldn't buy it now...I would wait for the reasons Chris sited above.

Newly,

Just because the Petition for Divorce was filed doesn't make it a Divorce Decree, which means that the judge could overturn your Petition and/or make you change it. Keep in mind that when you file, it's basically just a letter from you to the court letting them know that you intend to divorce. This also tells them that they need to put you on the docket...to be seen by a judge. Until you have proof of the Divorce Decree your ex would still have legal responsibility and would therefore be entitled to some the the equity on the house. I believe that is where the waiver comes in. Also, some states have a waiting period after you file the Petition before you can present your case to the court. There is a good reason for this...Many couples file for divorce, but for whatever reason some never proceed with it. What ends up happening is that the case is dropped/dismissed after a certain time of inactivity. You could have your ex sign the waiver and/or have both of your lawyers hash it out, but I would wait until my divorce was "finalized" before proceeding with the purchase of a home. That way there would be no doubts, and you'd save money on lawyer hours <img border="0" title="" alt="[Wink]" src="images/icons/wink.gif" />

Clearly, its a complicated issue. A waiver would eliminate the complications. The way I've kept my assets separate should allow me to do this. My attorney told me he's had a number of people do this and that it certainly is possible without risking anything. My wife said this morning she would sign the waiver if I bribed her with enough money (a ridiculous amount), so right now I'm on hold. The attorney also said that it is possible to get a court order forcing her to sign the waiver since we have clear-cut proof that she has no claim. If I can get an attorney to issue a title certificate, which basically says that the mortgage holder has the primary lien, then I can proceed. My attorney may be willing to do that as he is familiar with the facts in my case. I guess I'll have to wait and see. A rental is going to be nearly impossible to find because of my cats.

Fear of facing these difficulties is part of what kept me in my bad marriage for so long. I had hoped I found a way out of these problems, but maybe not. I guess I'll have to wait and see.

We haven't even agreed on the buyout value of the marital home and I need to equity to purchase a new home. But I am in an area with very few affordable homes available, so I don't know when I could buy until I know more, or I'll need to get a bridge loan.