What are my rights regarding purchasing property that is listed as

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What are my rights regarding purchasing property that is listed as

I am looking to buy property. A wife was sign over a quick claim deed 4 months ago; she filed for divorce. However, her husband is not making payments and has not for 2 years, so she wants to sell home as

Asked on July 9, 2017 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I advise you on not going ahead with this purchase. You need the consent of both spouse's to do so and since that's the case, then the divorce proceedings can effect just when you can take title, how much you pay and to whom, etc. Frankly there are just too many unknowns for you to move comfortably forward with the transaction.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Don't buy this property. You need the consent of both spouses to buy it; what happens on the divorce can affect the timing of when you can get title, how much you would have to pay, and even whether you can buy; and if they are behind on mortgage payments, the bank can foreclose and take it. There are too many risks here.


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