Emergency Divorce?? - KANSAS

[AmarieNorton]

What is the name of your state? KANSAS

I have a friend who is trying to buy a condo. She is legally married but separated for the last 3 years. She doesn't need her husband to be on the loan but he's supposed to sign something stating that he's part owner of the property but can turn right around and sign the quit claim deed. However, he has stated that he's not going to sign a d@mn thing. She really wants to buy the property, is there anyway that she could get a really really quick divorce? I kinda thought that an emergency divorce would be out of the question since she is not being harmed in any way.

 

[LdiJ]

What is the name of your state? KANSAS

I have a friend who is trying to buy a condo. She is legally married but separated for the last 3 years. She doesn't need her husband to be on the loan but he's supposed to sign something stating that he's part owner of the property but can turn right around and sign the quit claim deed. However, he has stated that he's not going to sign a d@mn thing. She really wants to buy the property, is there anyway that she could get a really really quick divorce? I kinda thought that an emergency divorce would be out of the question since she is not being harmed in any way.

There is no reason why she cannot buy the property by herself, even though she is married. There is absolutely NO reason to allow him to sign anything that says he is part owner of the property!

 

[AmarieNorton]

....THis is what the title company is telling her (and me also). That he has to sign some document. He doesn't have to be on the loan but he's gotta sign something. Also, he can turn right around and sign a quick claim deed but he says that he's not signing ANYTHING.

 

[nextwife]

There is no reason why she cannot buy the property by herself, even though she is married. There is absolutely NO reason to allow him to sign anything that says he is part owner of the property!

That is not true. In certain states, the closing agent and lender will not allow her to assume this mortgage debt unless the spouse agrees, or quit claims their potential marital interest.

She REALLY should not be buying RE while still married, if she does not want him to potentially gain an interest.

 

[AmarieNorton]

That is not true. In certain states, the closing agent and lender will not allow her to assume this mortgage debt unless the spouse agrees, or quit claims their potential marital interest.

She REALLY should not be buying RE while still married, if she does not want him to potentially gain an interest.

Her plan was to immediately file for divorce after she gets the property. But since he's not willing to cooperate, she wants to know how fast she can get the divorce - which is why I was asking if an "emergency divorce" (I don't even know if that's the correct term) is an option.

 

[Golfball]

KS has a 60 day residency requirement, and a 60 day waiting period (from the date of filing) before a divorce can be granted (barring emergency). Of course, if it's contested, then it can & will take longer.

 

[AmarieNorton]

KS has a 60 day residency requirement, and a 60 day waiting period (from the date of filing) before a divorce can be granted (barring emergency). Of course, if it's contested, then it can & will take longer.

Thank you for your response. She will have met the 60 residency requirement cause it's been years since they've lived together. But if she has to wait 60 days for the divorce to be final then she'll miss out on the property.

 

[Ohiogal]

....THis is what the title company is telling her (and me also). That he has to sign some document. He doesn't have to be on the loan but he's gotta sign something. Also, he can turn right around and sign a quick claim deed but he says that he's not signing ANYTHING.

He will have a marital interest in the property. They probably want him to sign due to dowry rights. And it is his right not to sign anything. Also there is no such thing as an EMERGENCY divorce meaning she cannot forgo residency/service requirements.

 

[Ohiogal]

Thank you for your response. She will have met the 60 residency requirement cause it's been years since they've lived together. But if she has to wait 60 days for the divorce to be final then she'll miss out on the property.

Well that is an issue. She may be able to get a court order if she files for divorce that allows her to buy the property. But there is no guarantee that that will happen.

 

[Golfball]

He will have a marital interest in the property. They probably want him to sign due to dowry rights. And it is his right not to sign anything. Also there is no such thing as an EMERGENCY divorce.

Actually, KS does allow for bypassing the 60-day waiting period, via a judge's declaration of an emergency, as per K.S.A. 60-1608(a).

As the OP said, getting said declaration may be difficult at best, given the stated circumstances.

 

[nextwife]

I'm doubtful that choosing to buy RE while married constitutes an emergancy.

 

[Zephyr]

why doesn't she FILE FOR DIVORCE NOW, once the stuff is filed the state usually sees the people as seperate rather than the unit they have been regarded as

 

[AmarieNorton]

why doesn't she FILE FOR DIVORCE NOW, once the stuff is filed the state usually sees the people as seperate rather than the unit they have been regarded as

...we were kinda wondering about that too. I asked the person at the loan office and I think she said that the divorce has to be final. I'll have her check with the title company to be sure.