For those who don't know me,
I'm still not divorce,
I haven't sold the marital home,
I have no downpayment, and I don't know how'll I'll afford it if the old house doesn't sell, but so what?
I'm so excited. The house is exactly where I want to be. Any structural engineers around who can help me check out the house?????

I know there was a thread about not buying a house during a divorce, but so what. My lawyer says it is OK, and I need to move on before my D starts school in the fall.

LOL

I wish I could buy a house with no money! My lawyer made me promise not to spend more than $500 on anything before the dv settlement. I'm glad your situation is different.

Best of luck and wishes your way.

newly,

I was the one who was buying the house before the divorce is final. It most certainly can be done. The most important thing is to have your attorney very closely involved, so that your interests are protected. If possible have your spouse sign a waiver of claim. If not, then you will need to demonstrate and certify that any funds being used for purchase are not marital assets but are in your ownership only. If you are using marital assets, your spouse will of course have an equity position in the house.

I got a fair amount of advice not to do it, but I went ahead with it. My attorney assured me it was safe, and I knew that emotionally it would be a major lift for me, and I knew that was important. I got the whole thing done in less than 3 weeks.

Another tip: Stick with a local lender, one who does not re-sell the loan. A loan that is intended to be resold on the open market will not accept you because of the pending divorce. But a local lender who keeps the loan in-house will be more forgiving. You will need a title certificate for the house. Whoever issues that must be satisfied that there are on other claims on the property. If you're working with an attorney on your pending divorce, and he or she is very familiar with the finanical circumstances, I'd recommend sticking with him or her for your title and closing.

If you feel it is something that you need, then I say go for it. But be careful, work very closely with your attorney and be sure to be able to show you used no marital assets. So far, it has worked out very well for me, and I definitely feel I made the right choice. It can certainly complicate the divorce picture, but if you feel its that important to you, as it was with me, cover the details properly and it can be done.

Way to go Newly! In my mind, there's nothing like the satisfaction of home ownership. Is it closer to your work? As you know, I'm familiar with the neighborhood.

Best of luck!
Jay

Newly, I am pleased that you are able to buy a house without selling the other house. Hope the new location is one that makes life easier for you and daughter.

My lawyer told me not to purchase anything big. I know that there are similar situations that could cause big problems. But like you stated, your lawyer is well aware. And also their should be protection from your spouse getting this asset.

Good luck to you. And the move should be uplifting as well as balancing your daughters education. Good for you.