Separated 5 years and I am buying a house

[kathy2006]

I Live in Illinois.

I have been separated from my husband since 2001/ 2002. He walked out after I was laid off and has been in and out of jail and on/off drugs from 2001-2004. He was clean (so he claims) for over a year or two (since he was in prison). But he currently has "slipped" back to drugs but says he is going for help. He is living somewhere in the city and I live in the suburbs. I have been taking care of our 2 children since they were born 10 and 7 years ago. He hasn't held a steady job since 1999/2000 and everything has always been in my name alone. He may have lost the one job he had recently due to his latest "episode" and he pays me no support at all. We are not "legally" separated but have lived apart and do not claim each other on the taxes (I file as Head of Household - he has not filed in years). I have just been pre-approved to purchase my first home (townhome) with no money down. All my debts (car notes, etc) is in my name only. I had to file bankruptcy 3 years ago after he ruined me by leaving me high and dry. I do not plan on telling him that I will be buying a home. My question is: When we finally do go thru the divorce, is my spouse (who has not lived with me since the end of February of 2002 - he stayed 2 months with me at my folks house before leaving again) entitled to any part of my new home that I purchase with the loan only listing me as the sole owner?

 

[seniorjudge]

I Live in Illinois.

I have been separated from my husband since 2001/ 2002. He walked out after I was laid off and has been in and out of jail and on/off drugs from 2001-2004. He was clean (so he claims) for over a year or two (since he was in prison). But he currently has "slipped" back to drugs but says he is going for help. He is living somewhere in the city and I live in the suburbs. I have been taking care of our 2 children since they were born 10 and 7 years ago. He hasn't held a steady job since 1999/2000 and everything has always been in my name alone. He may have lost the one job he had recently due to his latest "episode" and he pays me no support at all. We are not "legally" separated but have lived apart and do not claim each other on the taxes (I file as Head of Household - he has not filed in years). I have just been pre-approved to purchase my first home (townhome) with no money down. All my debts (car notes, etc) is in my name only. I had to file bankruptcy 3 years ago after he ruined me by leaving me high and dry. I do not plan on telling him that I will be buying a home. My question is: When we finally do go thru the divorce, is my spouse (who has not lived with me since the end of February of 2002 - he stayed 2 months with me at my folks house before leaving again) entitled to any part of my new home that I purchase with the loan only listing me as the sole owner?

The lender will need your husband to sign the mortgage. So, either have him sign or divorce him.

 

[outragedMOM]

The lender will need your husband to sign the mortgage. So, either have him sign or divorce him.

Why would her husband have to sign the mortgage?

 

[Ohiogal]

Why would her husband have to sign the mortgage?

In order for the lender's interest in the home to supercede any interest the husband may have due to dower or other marital rights.

 

[Bali Hai]

In order for the lender's interest in the home to supercede any interest the husband may have due to dower or other marital rights.

Would the lender require the husband be put on the deed?

I'm questioning whether the wife is entitled to file "head of household" status with the information given.

 

[Zigner]

Would the lender require the husband be put on the deed?

I'm questioning whether the wife is entitled to file "head of household" status with the information given.

Yes she is entitled - see http://www.irs.gov/taxtopics/tc353.html

 

[outragedMOM]

In order for the lender's interest in the home to supercede any interest the husband may have due to dower or other marital rights.

Oh Ok, I didn't know that. Is that something that is standard in all states?

 

[kathy2006]

Separated 5 years and I buying a house

Thanks for all the replies. Actually, I am allowed to file head of household in the state of Illinois (I did check with the IRS first) as I paid for the upkeep of the house for the whole years (along with claiming the kids) and I no longer even put him on my tax returns. My lender actually knows of my situation and is not requiring my estranged spouse to be a co-signer. This was done soley on my credit and my name on the mortgage. So wouldn't that mean that he couldn't get any part of the house since it was aquired after 5 years of separation?

 

[Ohiogal]

Would the lender require the husband be put on the deed?

I'm questioning whether the wife is entitled to file "head of household" status with the information given.

No the lender would NOT require that. The husband is not signing to be responsible for the mortgage. He is just signing to subrogate his rights.

 

[Ohiogal]

Thanks for all the replies. Actually, I am allowed to file head of household in the state of Illinois (I did check with the IRS first) as I paid for the upkeep of the house for the whole years (along with claiming the kids) and I no longer even put him on my tax returns. My lender actually knows of my situation and is not requiring my estranged spouse to be a co-signer. This was done soley on my credit and my name on the mortgage. So wouldn't that mean that he couldn't get any part of the house since it was aquired after 5 years of separation?

If this was not legal separation you are still married. Your divorce attorney -- YOU REALLY NEED TO FILE -- would be able to make a very good argument that the marriage actually ended several years ago. HOWEVER, you are still legally married. And your husband would not be a co-signer however his signature would STILL be necessary.