My husband left a while ago I am now trying to buy a new house and because we are still married they need his name to be on the contract. He wasn’t a provider in they first place so I am glad he is gone, I am being told that if he doesn’t sign the deal is off, why?
I’m confused. What do you mean on the contract? The mortgage itself through the bank? Or through escrow meaning he has to be on Title?
You can be vested on Title as follows:
Jane Doe, a married woman, as her sole and separate property.
When a married man or woman wishes to acquire title as their sole and separate property, the spouse must consent and relinquish all right, title and interest in the property by deed or other written agreement.
In other words he needs to sign a Quit Claim Deed in front of a Notary like myself.
Because you are married, the house would become community property. So he would have a financial stake in the purchase. That’s why the mortgage company requires him to consent. He probably would also be entitled to a portion of the value of the home when you later divorce.
If you want to buy a house without him, you’ll have to get divorced.
because you two are still legally married. To solve this you would have to file for divorce on grounds of abandonment to become seperate from your husband and an entity of one and not two. But til you do you cant operate seperately of your husband which will stop alot of things like this from happening
You can buy a house without your husband’s signature if you make enough money to pay the mortgage…..and you’re credit is good.
Get a divorce before you buy the house to make sure you are protected if he decides he wants some of the equity.
There are other papers that your spouse can sign saying that he will stake no claim in the ownership of the house effectively giving up any rights to the property.
Ask your mortgage broker and your divorce attorney for those papers.
If you can show your ability to purchase the home, they do not need your husband on the paper. Unless his credit is hurting you.