Legal Question in Real Estate Law in California

I recently recieved my final divorce papers, they were recorded on July 16th, 2009. The date the court stated as the date that I will be officaly single is Oct 16th, 2009. We have been legaly seperated since 2003. He filed for divorce at that time but did not show up to court when Subpoenaed, and the judge dismissed the case. I thought that I was divorced until one day I went to change my name back to my madien name and found out I couldn't because I wasn't divorced. So I applied for the divorce and it was granted.

My question is I am buying a house and my realestate agent is telling me the divorce is a problem. Will my ex-husband be entilted to this house or have anything to say about it, should he resurffice. How will this affect my loan pre-approval. What can I do to ensure the loan goes through.


Asked on 7/27/09, 12:37 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

The divorce is not so much a legal issue, as a title issue. The title company will not issue a policy of title insurance insuring you as the sole owner so long as you are married. Technically, under CA law, because you are separated, it shouldn't be an issue, but as with all insurance companies, title companies are extremely conservative. The lender too will not close escrow if the title policy does not clear any potential ownership interest of your ex-husband. If you intend to close escrow before October 16, 2009 your ex-husband will have to sign an interspousal grant deed and the title company will record that to extinguish any potential interest he may have in the home (which he doesn't, but they are being overly-conservative). Otherwise, as a practical matter, they simply will not issue the title policy you need to close escrow.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/28/09, 5:51 pm


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