The answer to your question is yes, providing however, your spouse cooperates by signing a 766 marital property waiver, which the title company will probably be insistent on; further, since the divorce is not completed, your spouse has a technical right to 50 per cent of the equity in the home since property division is not final until the date of the final hearing. You will need a separate stipulation and order signed by both of you and submitted to the court for approval waiving any property rights in the new home; without those two legal documents, I would not advise a client to close on a new home in the middle of the divorce.
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