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Husband and wife getting a divorce. Does wife have to be on title if house closed before diorce

by hiyadonna505 from Beebe, Arkansas. 12 days ago Reply


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12 days ago
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Brian French (bfrench)
#1 ranked lender in Arkansas - 46 contributions

Good afternoon! Not sure I am understanding what the scenario is - would be better if you emailed me at bfrench@topflitefinancial.com; may be able to provide better information in a more private venue. Am a local lender - offices in Little Rock, Hot Springs, and Paragould.

12 days ago
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William J Acres (William_Acres)
#1 ranked lender in Arizona - 8,000 contributions

More info needed,, and your question is a little confusing.. If you are getting a new home.. and you are married.. and you are both applying for the mortgage.. then yes.. all parties who qualify for the loan must be on the deed.. If you divorce, then one party can be removed from the deed.. but regardless, until the initial loan is paid off, you will be on the hook if the loan goes into default. If one party is purchasing on their own, as sole and separate.. then typically, the non-borrowing spouse will sign a disclaimer deed giving up all right, title and interest in the property.. But what's your exact scenario?? I don't know, so I cannot advise.. and in all reality.. if you are getting a divorce, you should be asking your attorney.. not an internet post.. I'm a preferred Lender with California and Arizona being my primary markets. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com NMLS# 226347 / RPM Mortgage NMLS 1541014 / AZMB0121893

12 days ago
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Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 3,553 contributions

UNTIL you are legally divorced, you are legally married. You can buy a home in most states with just your name on the loan and going into title. BUT, in most states, as you are still married at the time of the purchase, she would have a legal marital right to the property. Therefore the new home would have to be dealt with as part of the divorce. Best if you can wait to buy until any divorce is final, but on the other hand, I have seen this situation 100 times. As long as you discuss and understand how it works, you can just factor needing to deal with the new house in the divorce, and her signing a Quit Claim on the new property. For this situation in WI, MN, or SD, visit me at www.WI-MortgageBroker.com

11 days ago
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