Buying home during divorce process

What is the name of your state? ......oklahoma**************.....why must i get my future ex to sign statement authorizing me to purchase home? we have a temporary order stating anything purchased after date of order is sole responsibility and property of purchaser and not marital property.

[HomeGuru]

[quote]Originally posted by Theresa White
[b]What is the name of your state? ......oklahoma**************.....why must i get my future ex to sign statement authorizing me to purchase home? we have a temporary order stating anything purchased after date of order is sole responsibility and property of purchaser and not marital property.

**A: I don't know? Who is authorizing you... a Realtor, Family Court, Fairy Godmother, husbands' new girlfriend, his attorney, your mortgage lender etc. and what type of statement are you referring to?

dear guru......state of oklahoma real estate laws say future ex must sign document stating ok for me to purchase new home. lender and title co. are requiring this even though temporary order says purchases made after date of order sole responsibility and property of purchaser and not considered marital property. Help, future ex refuses to sign anything that might benefit me in any way. i am told title 16 section 4.

[FarmerJ]

Theresa how long would you have to wait other wise ?

that's an extremely good question. been legally separated over 2 years, he's using every stall tactic legally available and then some. i am supposed to close in 2 weeks and i know the divorce won't be granted by then. he just signed the conveyance of real property on 11-1-02 and it was drawn up, signed by me along with quit claim deed and he provided cashiers check for my 1/2 of equity for the house we had, on 9-23-02. don't know why he waited so long to sign, after all he had already given me the $$$.

[HomeGuru]

You need to hire an attorney because of the divorce issue and him being a jerk, things are a lot more complicated.

i have a divorce atty who just happens to have been a real estate atty for 5 years before she started specializing in divorce. i gave her the statute the title company told me, which oklahoma real estate law title 16, section 4. she looked it up and advised me that law pertains only to the sale of real property, not purchasing. i have asked both the lender and the title company for a copy of the form they are requiring my soon to be jerk ex to sign but both say they dont have a copy. they had no answer, just sputtered, when what the !#%! they expected to have signed if they didn't have a copy of the form! seller is being very patient and willing to extend close date, but i'm not sure i will still be locked in at the rate i originally got. all very confusing and frustrating to say the least.

[HomeGuru]

[quote]Originally posted by Theresa White
[b]i have a divorce atty who just happens to have been a real estate atty for 5 years before she started specializing in divorce. i gave her the statute the title company told me, which oklahoma real estate law title 16, section 4. she looked it up and advised me that law pertains only to the sale of real property, not purchasing. i have asked both the lender and the title company for a copy of the form they are requiring my soon to be jerk ex to sign but both say they dont have a copy. they had no answer, just sputtered, when what the !#%! they expected to have signed if they didn't have a copy of the form! seller is being very patient and willing to extend close date, but i'm not sure i will still be locked in at the rate i originally got. all very confusing and frustrating to say the least.

**A: then have your attorney talk to jerks 2 & 3.

originally posted by HomeGuru **A then have your atty talk to jerks 2 & 3

now, why didn't i think of that? your a little behind Guru, already thought of that all by my little ole self. Not all okies are stupid! But thanks for the helpful suggestion

[HomeGuru]

[quote]Originally posted by Theresa White
[b] now, why didn't i think of that? your a little behind Guru, already thought of that all by my little ole self. Not all okies are stupid! But thanks for the helpful suggestion

**A: whew, I was just double checking ya know just to be on the safe side.
Good luck to you in okieland.

[I AM ALWAYS LIABLE]

[quote]Originally posted by Theresa White



"Not all okies are stupid!"


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My response:

They're not?

Well, that's comes as a big surprise and shock to me!

If they're not, I can still certainly guarantee that this country's "brain trust" doesn't come out of Oklahoma!

I guess Arkansas is next up to bat.

IAAL

Why don't you have your attorney request a bifurcation (sp)? Bifurcation ends the marriage, but the property is not divided because the only ruling made was to terminate the marriatal status.

I had a borrower in the same exact situation with his ex in Missouri. This guy tried to buy a home for 2 years before he came to me and I suggested he ask his attorney for the bifurcation. The next thing I knew he was divorced and we were in escrow.