We are trying to do a non contested divorce. We have 1 property jointly owned. How can either spouse purchase another property solely in their name for themselves without the other spouse being able to claim community property prior to the final divorce decree being issued? Thanks in advance.
1 Answer from Attorneys
Typically the "community" is considered ended at the time of serving the divorce papers on the other spouse, although the Realtors and mortgage lenders don't always see it that way. They may require that the other spouse sign a disclaimer deed or some other deed waiving all interest in the property before a purchase/loan can go through. But that is just a formality; it definitely can be done to purchase a separate property by one spouse while the divorce is still pending. In fact both could do so. Best of luck!