How can I move forward in purchasing a home if I am in a middle of a divorce? 9 Answers as of March 25, 2013

I'm in the middle if a divorce however I have a home I purchased before marriage and I'm in the middle of a refinance on my home actually the refinance has been completed and the loan was funded however my husband has not and will not sign the grant deed what will happen now what steps can I take either with the court or my mortgage company to move forward without him.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
John Russo | John Russo
You can't, in every jurisdiction that I am aware of you can't during the pendency of a divorce increase the debt upon the marital estate, and it is not up to you to determine what is marital or not marital at this point in time, only the court can make that determination.
Answer Applies to: Rhode Island
Replied: 3/25/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
You cannot force your husband to sign anything during a divorce. It is usually not a good idea to do anything during a divorce especially refinance a home. You need a family law attorney if you don't already have one. You are possibly creating a community property asset by mistake by refinancing during your divorce please talk to an attorney immediately.
Answer Applies to: Texas
Replied: 3/24/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You will probably need to finalize the divorce so that his signature will not be needed.
Answer Applies to: Idaho
Replied: 3/22/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
In a marital or community property state it is not very easy. Remember that he may have to sign the mortgagewhich just says he agrees to there being a security interest in the propertybut he need not sign the note, which is the promise to pay. That is the most frequent way to deal with this kind of situation. Failing that, you can move the court to order him to sign the mortgage. He'll probably believe the judge, even if he does not believe you.
Answer Applies to: Wisconsin
Replied: 3/22/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Go into court requesting an order to have the grant deed executed.
Answer Applies to: California
Replied: 3/21/2013
    Henry Lebensbaum | Henry Lebensbaum
    There is a standstill order that was issued when divorce was filed. I think you should speak to a lawyer about how you deal with it.
    Answer Applies to: Massachusetts
    Replied: 3/21/2013
    Carey and Leisure | John Smitten
    If the house is your homestead he will have to sign docs at the closing or you will need some type of court order that waives him signing.
    Answer Applies to: Florida
    Replied: 3/21/2013
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    You can request the court issue an order for him to sign or, in the alternative, for the clerk to sign on his behalf. If time sensitive, you will need to request an emergency order - best to have an attorney assist you so that you can present the facts needed to have it granted.
    Answer Applies to: California
    Replied: 3/21/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    You can file a motion with the court and request that he be ordered to sign the Deed to complete the transaction.
    Answer Applies to: California
    Replied: 3/21/2013
Click to View More Answers: