Legal Question in Family Law in California
In the process of divorce and wanting to buy a house.
Hello Law Gurus!
I'm going through a divorce in California, and it'll take about a least 6 months.
Questions:
While waiting for the finalized/final judgment, can I buy a house under my own name?
Will it complicate the divorce process, such as I should tell the court that I bought a property during the divorce?
The restraining order (in summon) said I cannot move/transfer money around, but my husband is willing to sign a consent if I need to take any $ of money out from our community or separate savings accounts, for down payment or any related expenses.
Will his written consent valid for my withdrawal of money?
Thanks.
1 Answer from Attorneys
It is possible to buy a house while the divorce is pending if your ex-to-be is cooperative. Normally, however, it is a really bad idea because it must be documented and arranged very carefully. I cannot recommend strongly enough, therefore, that you have an attorney help you with both the process and dealing with documenting what you and your ex-to-be agree on. Otherwise the whole thing could easily come back and bite you . . . HARD.
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