Legal Question in Family Law in Georgia

Re: Buing a house before divorced after Papers are filed

Just to be safe, I would hold off on the condo. It may cost you more, but you can rent rooms by the week at some of the local extended stay motels.

Re: Buing a house before divorced after Papers are filed

It's hard to address all the legal issues in this one question. You are still married until the file clerk stamps the final decree. The law says any debt incurred during the marriage and any income is marital subject to equitable distribution; however, you now have a contractual agreement that could be enforced by the courts based on the evidence presented and the facts.

Of greater concern, however, might be the fact that you are completing a loan application and probably telling them that you are single. If you tell them you are married then the mortgagor would require that she sign the security deed (if the title standards are adhered to). If you falsify a loan application to get the condo before the divorce is final, then later the mortagor could foreclose based on the fraud, which is also criminal. The ex also might try to reopen the case if she thinks you had money she didn't know you had and you didn't disclose it.

My legal opionion is that you should wait to close on the condo. You can probably find another lawyer to tell you do go ahead. I would think, that with this market, the seller would work with you so you can close later and avoid any chance of future problems. In any event, I think you need to disclose to everyone what you are doing if you intend to buy property and close before the divorce.

Re: Buing a house before divorced after Papers are filed

You badly need a lawyer. The house is marital property and needs to be discussed, disclosed, and addressed in the paperwork. Retain counsel immediately. Divorce is not a pro se matter and yours could be a disaster without new paperwork.