Legal Question in Family Law in California

Should I still buy a house if there is a possibility of divorce?

In California, been married for 8 years. Long story short, I recently looked at a house that I think is quite nice and reasonably priced, and that I can afford on my own income.

However, I'm a little uncertain about the next step in my marriage and depending on what happens next with my husband, I may consider divorce (one in three chance, I guess).

If I do go down the path of divorce, would it be a very unwise choice to buy a house now?

What consequences will I face? Thank you all for your advice.


Asked on 9/03/22, 7:33 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

There are too many variables in this situation to give you an internet Q&A answer. Your finances before and during your marriage would need to be looked at. You also need to bear in mind that your income during marriage is community property, half his, and his is half yours, unless you have a prenuptial agreement otherwise. That complicates then respective rights in mortgage payments. The bottom line, though, is that no lender will lend in a house you buy solely in your name without your husband participating in the escrow, waiving rights, and giving a quitclaim deed as part of the purchase.

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Answered on 9/03/22, 9:41 am


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