I'm in the process of divorce, can I buy a house without needing his info and will buy a house create an issue down the road?
1 Answer from Attorneys
If you purchase a house while still married, the title company will probably need to have him sign a Quit Claim Deed to you, acknowledging that he has no interest/claim in your new home, that it is your separate property.
Your new house is going to be an issue in the divorce that needs to be addressed, athough it should not be a contested isseu. All assets need to be divided/awarded in the divorce, even your separate property house. That means it will be awarded to you. You cannot ignore the asset in the Decree. Assets not divided/awarded in the Decree are owned by the parties as tenants in common after a divorce, meaning the ex-spouse could come back and claim a half interest if you do not award it to yourself.