Buying a house during a divorce is possible, but there are some things you’ll need to consider if you want to buy a new home before your divorce is finalized. There are three main requirements that must be met before you can purchase a new home during a divorce.
- Lender Requirements
Before a lender will underwrite a loan for you, you’ll need to have the following important documents determined and made into a court order:
- spousal support
- child support
- division of assets
This helps a lender assess income and debts that come with a pending divorce. The lender will also need to consider underwriting rules, such as the length that child support will continue. For this reason, we recommend working with a Certified Divorce Lending Professional (or CDLP), like Leslie Glazier, since they understand the nuances of your situation.
2. Title Requirements
Until the divorce is final, the title will require an Interspousal Transfer Deed. This is a document signed by the spouse who is not purchasing the property so that there is a clear understanding of ownership rights. In most states, all assets acquired during the marriage can be considered marital assets, or property owned by both parties. If you’re looking to buy a home before your divorce is finalized, your spouse could claim a stake in your property under these laws. A CDLP will always check the title before working with a divorcing buyer, especially in situations where the two parties are unwilling to cooperate.
3. The Court
CDRE’s know what to look out for. It’s a CDRE’s job to make sure that their clients don’t accidentally end up in stressful situations during a divorce. CDRE’s know what questions to ask, such as: is the client using marital funds for the down payment or closing costs of their new home? Does the client have permission to use proof of qualifications? Certified Divorce Real Estate Specialists know what to look out for, so you’ll be sure not to get caught in any legal entanglements with the purchase of your new home.
Don’t hesitate to reach out to our team of Certified Divorce Real Estate Specialists today.