Legal Question in Real Estate Law in California

I recently recieved my final divorce papers, they were recorded on July 16th, 2009. The date the court stated as the date that I will be officaly single is Oct 16th, 2009. I have not seen or heard from my ex-husband since 2003, when he filed for divorce the first time, he did not show up to court when Subpoenaed, and the judge dismissed the case. I thought that I was divorced until one day I went to change my name back to my madien name and found out I couldn't because I wasn't divorced. So I applied for the divorce again.

My question is I am buying a house and my realestate agent is telling me the divorce is a problem. Will my ex-husband be entilted to this house or have anything to say about it, should he pop up? How will this affect my loan pre-approval.


Asked on 7/27/09, 11:39 am

1 Answer from Attorneys

You will be legally married until October 16, 2009. Wages etc earned after the date of separation are separate property. A lender is not likely to appreciate this factor. They do not want to become involved in court battle over the status of the house. You should attempt to contact and obtain a quit claim deed from him. The escrow company may well require that he come to their office to sign the quit claim deed. The escrow company should prepare the quit claim deed.

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Answered on 7/27/09, 12:03 pm


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