Need Advice...Pls Help

[msrajula]

What is the name of your state?What is the name of your state?What is the name of your state? CA

I filed a petition for divorce in California. The divorce may be final at the end of the year. But before that I am thinking of buying a house. I got an excellent opportunity on a property which I don't want to miss. I am not sure what my odds are. I have the following questions.

1) Does my wife will have the right on the house if I buy now? as the divorce is not finalised yet.

2) Is there any procedure to make sure she cannot claim it after or during the judgement as it is a community property?

3) Should I just wait and hang on until the divorce is finalised and then buy the property even if it becomes a bit expensive?

What are my options. I definetly need advice before I get into any trouble.

Thanks in advance.

[LdiJ]

Originally Posted by msrajula

What is the name of your state?What is the name of your state?What is the name of your state? CA

I filed a petition for divorce in California. The divorce may be final at the end of the year. But before that I am thinking of buying a house. I got an excellent opportunity on a property which I don't want to miss. I am not sure what my odds are. I have the following questions.

1) Does my wife will have the right on the house if I buy now? as the divorce is not finalised yet.

2) Is there any procedure to make sure she cannot claim it after or during the judgement as it is a community property?

3) Should I just wait and hang on until the divorce is finalised and then buy the property even if it becomes a bit expensive?

What are my options. I definetly need advice before I get into any trouble.

Thanks in advance.

I REALLY don't recommend purchasing major assets while in the midst of a divorce. Its just not wise.

[I AM ALWAYS LIABLE]

My response:

Did you even BOTHER to read the reverse side of your Summons? Do you understand it? Did you realize that's an Automatic Restraining Order?

If you use Community funds, not only will you be in Contempt of Court, but she'll also be a fifty percent owner of your "excellent opportunity."

So, wait until you have that final decree in your hands.

IAAL

[msrajula]

If the property is bought solely in my name on the loan and also on the title and if she gives the Quit Claim Deed...is it Okay....????

I am trying to find all the alternatives I have..to not to miss the offer I got.
On the other hand..I don't want to get into more Mess which I am already in.

I am totally confused.....pls help.

[I AM ALWAYS LIABLE]

Originally Posted by msrajula

If the property is bought solely in my name on the loan and also on the title and if she gives the Quit Claim Deed...is it Okay....????

I am trying to find all the alternatives I have..to not to miss the offer I got.
On the other hand..I don't want to get into more Mess which I am already in.

I am totally confused.....pls help.

My response:

Make absolutely SURE that you have her sign a statement that states she waives her rights under the Temporary Restraining Order on your Summons, for purposes of this property purchase by you, and that she will execute a Waiver of her Community Property rights to the same.

If she doesn't, I would suggest and advise that you "take a pass" on the opportunity. Otherwise you will "get into more Mess which I am already in."

IAAL

[msrajula]

Thanks for your suggestion. Does the agreement and the signature have to be notarized and also with a quitclaim deed at the time of closing or..just on the white paper with the signature and have her quitclaim deed at closing ???

Thanks in advance

[LdiJ]

Originally Posted by msrajula

Thanks for your suggestion. Does the agreement and the signature have to be notarized and also with a quitclaim deed at the time of closing or..just on the white paper with the signature and have her quitclaim deed at closing ???

Thanks in advance

It would be wise to have an attorney handle the agreement for you...and yes, it would require a quit claim deed also.

[I AM ALWAYS LIABLE]

Originally Posted by LdiJ

It would be wise to have an attorney handle the agreement for you...and yes, it would require a quit claim deed also.

My response:

Writer, please, please, don't pay any attention to the idiot "Ldij." She's a complete Dufus.

You don't need a Quit Claim Deed for your wife. Her name will never appear on the title to the property; hence, no Quit Claim is required. What we're concerned about here, and what Ldij is completely ignorant about, is Community Property rights, AND YOU DON'T WAIVE COMMUNITY PROPERTY RIGHTS VIA "QUIT CLAIM DEED"!!!

Ldij, I have asked you before, and I'll say it again - - I demand that you cease and desist from responding to California writers.

IAAL

[LdiJ]

Originally Posted by I AM ALWAYS LIABLE

My response:

Writer, please, please, don't pay any attention to the idiot "Ldij." She's a complete Dufus.

You don't need a Quit Claim Deed for your wife. Her name will never appear on the title to the property; hence, no Quit Claim is required. What we're concerned about here, and what Ldij is completely ignorant about, is Community Property rights, AND YOU DON'T WAIVE COMMUNITY PROPERTY RIGHTS VIA "QUIT CLAIM DEED"!!!

Ldij, I have asked you before, and I'll say it again - - I demand that you cease and desist from responding to California writers.

IAAL

IAAL...the title company is going to require her to sign either a quit claim, or a similar type of document at closing....if CA calls it something different than so be it. The lender will require that in order to close on the property.

[I AM ALWAYS LIABLE]

Originally Posted by LdiJ

IAAL...the title company is going to require her to sign either a quit claim, or a similar type of document at closing....if CA calls it something different than so be it. The lender will require that in order to close on the property.

My response:

What is it going to take for you to stay off of California threads? You're wrong again. You have no idea what you're talking about.

You are such an idiot, and I'm really getting sick and tired of you being here on FreeAdvice. I think some punitive action needs to be taken.

IAAL

[msrajula]

Okay**************I am to purchase that property solely having loan and title on my name......What should I do now ???

1) Based on the above suggestions....I don't need a quit claim deed from her. Am I right ?

2) Do I have the disclaimer to be drafted by an Attorney or can I include the contents of the waiver text included in the Marriage Settlement Agreement and have her signed infront of the Notary ??? or draft the disclaimer on a white paper and have her signed.....Which of these Will do ?

3) Someone suggested that another way is...of her..signing a disclaimer at the time of closing the escrow that she waives all her rights...ist it true and is it possible at that time ?

Thank You very much in advance.

[LdiJ]

Originally Posted by msrajula

Okay**************I am to purchase that property solely having loan and title on my name......What should I do now ???

1) Based on the above suggestions....I don't need a quit claim deed from her. Am I right ?

2) Do I have the disclaimer to be drafted by an Attorney or can I include the contents of the waiver text included in the Marriage Settlement Agreement and have her signed infront of the Notary ??? or draft the disclaimer on a white paper and have her signed.....Which of these Will do ?

3) Someone suggested that another way is...of her..signing a disclaimer at the time of closing the escrow that she waives all her rights...ist it true and is it possible at that time ?

Thank You very much in advance.

I would strongly recommend that you use an attorney to handle this. Its the safest way to avoid problems.