The Karlin Law Firm LLP - Business Law Attorney

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

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Buying a home before a divorce is finalized

It may be possible to buy a home in California before a divorce proceeding comes to an end. That largely depends on the terms of the divorce agreement and if a lender is willing to approve a mortgage application. It may be best to wait until after the final divorce agreement has been negotiated and signed. This is because the terms of the deal may change, which could alter how much a person could afford to spend on a home.

Prior to buying a new home, a person may need to be removed from the mortgage on the marital property. Until that happens, the monthly mortgage payment will be included in an applicant’s debt-to-income ratio. Those who are required to pay child support will likely need to mention that during the home loan application process. In many cases, a signed copy of the final divorce agreement will need to be reviewed by a lender before a mortgage application is approved.

Buying a new home may help individuals put some literal and figurative distance between themselves and their former spouses. Parents may improve their odds of getting custody or expansive visitation rights by purchasing a home in a safer part of town.

While someone may be eligible for a mortgage despite a divorce, it may be more difficult to do so. This is because parents may be required to pay child support or provide alimony to their former spouses. It may also be harder to come up with a down payment or show proof of financial reserves until a divorce is finalized. An attorney may be able to help an individual resolve a divorce in a timely manner. This may make it easier to get approved to purchase a residential property in a timely manner.

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