Legal Question in Family Law in Minnesota

Maeital separation and home buying

I am currently separated from my husband and he is living at another residence. I would like to buy a house using the first-time homebuyers program. I was wondering whether or not I can purchase the house on my own (without having him in the mortgage). I also wanted to know if his income needs to be used in determining my eligibility for the first-time home buyers program and if there is a way he can give up claims to the property.

Thanks for your help!


Asked on 7/06/01, 12:54 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Maeital separation and home buying

You can buy the home, but as a minimum your husband is very likely going to be asked to sign the mortgage deed. As long as you are married, your husband has an interest in any home or any real estate you may own. It would be best to divorce him first, then buy.

But yes it can be done. You can qualify on your own credit, put the place in your own name, and have the debt in your own name. Your husband signing off on the mortgage deed just means that the interest of the mortgage company will be ahead of his interest. I've heard of a few cases where that was not required, but usually they insist upon it.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 7/10/01, 10:39 am


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