What are my rights regarding purchasing property that is listed as

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights regarding purchasing property that is listed as

I am looking to buy property. A wife was sign over a quick claim deed 4 months ago; she filed for divorce. However, her husband is not making payments and has not for 2 years, so she wants to sell home as

Asked on July 9, 2017 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I advise you on not going ahead with this purchase. You need the consent of both spouse's to do so and since that's the case, then the divorce proceedings can effect just when you can take title, how much you pay and to whom, etc. Frankly there are just too many unknowns for you to move comfortably forward with the transaction.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Don't buy this property. You need the consent of both spouses to buy it; what happens on the divorce can affect the timing of when you can get title, how much you would have to pay, and even whether you can buy; and if they are behind on mortgage payments, the bank can foreclose and take it. There are too many risks here.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption