Can You Buy a Home During A Divorce?
Can you buy a house in Texas while going through divorce proceedings? If you'd prefer to read whether or not you can buy a home during divorce proceedings, the transcipt can be found below the video.
Unfortunately, I handle the sale of houses each year for divorcing couples. This almost always raises the related question of whether someone can buy a house in Texas while going through the divorce proceedings. While it is permitted, it’s rarely advisable. First and foremost, many divorce cases in Texas have a standing order from the Court prohibiting the parties from spending anything beyond normal day-to-day expenses. Second, because Texas is a community property state, the soon-to-be-ex would have an ownership stake in the newly purchased home. In fact, if there is a home loan involved, the spouse has to sign documents at closing agreeing to accept responsibility for the loan, which is unlikely to happen. While there may be limited cases a house can be purchased, it involves the divorce attorneys drawing up an agreement ahead of time. In short, it’s best to wait until the divorce is legally completed and, of course, always talk to your attorney. I’m Craig Smyser with 1835 Realty.