Legal Question in Family Law in California

I am in the process of getting a divorce in CA. We have refinanced the existing house to be only in my wife's name for the mortgage and submitted a Quick Claim Deed stating the fact for transfer of ownership. Is there a way that I can buy a new house only under my name? I meet the financial/credit requirements. My bank is telling no. That if I buy a house during the divorce that I will have to refinance again after the divorce is final to take her name off the mortgage. Thus paying refinance fees 2x. Is this correct? Is there a way to buy a new during a divorce process so that only one party will own the property? There is no dispute between my wife and I. We are both in agreement for this.


Asked on 7/13/12, 1:06 pm

1 Answer from Attorneys

There is no legal requirement for that. It sounds like it is your bank's requirement, which they legally can do. I suggest you look for another lender.

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Answered on 7/13/12, 2:20 pm


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