QUESTION

can I buy a house while in the middle of a divorce in WI.

Asked on Mar 29th, 2016 on Divorce - Wisconsin
More details to this question:
One party filed. Moved out, then bought a house. I was not notified of the loan by the lender either.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
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.
Answered on Mar 30th, 2016 at 5:11 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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