I am in the process of getting a divorce. We are selling our house. Can I still buy another house even though the divorce is not final?

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I am in the process of getting a divorce. We are selling our house. Can I still buy another house even though the divorce is not final?

Asked on May 26, 2009 under Family Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm not a California lawyer, but in most states, once the divorce case is actually filed with the courts, or both sides sign a property settlement agreement, that's the cutoff date, and property (and debts) either party gets after that are separate, and not usually subject to being divided up.  You need to check with your attorney, based on all the facts of your own case, though, before you start the process of buying a new home.  If you don't have a lawyer, one place to look for one is our website, http://attorneypages.com

There may be a practical problem, however, because if, for example, your spouse files the complaint, and you don't file a counterclaim, and then your spouse withdraws the complaint, you are back in a marital property situation.  While you can protect yourself from that by filing a counterclaim, so the case goes on whether your spouse changes his or her mind or not, lenders are aware of this, and you might have trouble getting a mortgage until the divorce is final -- and you can prove it to them.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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