Legal Question in Family Law in California
Purchase Property During Divorce
My friend is getting divored, but she has not yet filed papers. She and her husband have agreed to an uncontested divorce, and have agreed on the distribution of their home and other property. She wants to sign a purchase contract for a new condominium now, since prices are rising and she has a good window of opportunity. Can she purchase the condo without having her husband on the title implicitly? California is a community property state, so she is concerned. If her name stands on the title, is that good enough, or does she need to file for separation? She has not told her husband about her plans. Please answer as quickly as possible.
1 Answer from Attorneys
Re: Purchase Property During Divorce
She needs to have him sign off on having any interest in the new condo. If they are both in agreement on the marriage being over one of them needs to file for a divorce and serve the Petition on the other party. It doesn't mean that they are going to litigate anything. The service can be by mail if the other party is willing to sign an Acknowledgment of Service. Your friend should consider getting an attorney to help her.
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