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Advice needed: looking to get a mortgage before a divorce

2,107 Views | 16 Replies | Last: 3 mo ago by jja79
TSJ
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6:56p, 9/11/25
AG
My mom has found herself in a spot where my stepdad wants her out of his house by the end of October. She is wanting to move into a house, but is running into the issue of applying while still technically married.

What options does a person have in this situation? She owns a house currently, but it is occupied with rental tenants. I am also ok with co-signing a loan.
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SteveBott
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9:20p, 9/11/25
AG
I assume in Texas. If so she is subject to Community Property laws. The husband has vesting in any asset she procures. She should be able to buy if qualified but would risk the husband claiming 50% vested interest from the day she buys to the day they officially divorce.

I'm not sure there is a work around. I can call my title guy to see if she has an option. Maybe another poster can also help.
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jja79
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In reply to SteveBott • 10:10p, 9/11/25
AG
I've been out 1 year + but did a couple of these. Soon to be ex had to sign and since both were somewhat amicable the ex signed a quitclaim deed at the conclusion of the divorce.
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SteveBott
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In reply to jja79 • 10:14p, 9/11/25
AG
Yea but I didn't want to assume an agreeable divorce. If a contested divorce you can't be assured of no claim.

I had an ex in a divorce claim at the last minute. Basically a hostage situation
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TSJ
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In reply to SteveBott • 7:35a, 9/12/25
AG
The husband wants her out of his house, so I think he will likely sign a quitclaim deed. They had separate assets prior to marriage so separating them should not be terribly difficult. Part of the question is who will approve a mortgage with this because her CU certainly won't. We have told her to talk with BoA since she also banks with them.
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Aggiemike96
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10:19a, 9/12/25
AG
Forgive me if I'm overstepping or if you've already addressed this. First, make sure her interests in the current house are protected. What he "wants" and what is "legal" are two different things. Please ensure she receives legal advice on this matter.

Regarding her and a new mortgage, there are lenders/brokers here that will likely have that conversation in private. I don't have a lot of faith that BofA or any of the large banks are going to work with her on a personal level.

Best of luck to her. What a cra**y situation. She'll come out better on the other side.
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rme
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In reply to Aggiemike96 • 10:38a, 9/12/25
AG
Aggiemike96 said:
Forgive me if I'm overstepping or if you've already addressed this. First, make sure her interests in the current house are protected. What he "wants" and what is "legal" are two different things. Please ensure she receives legal advice on this matter.

Regarding her and a new mortgage, there are lenders/brokers here that will likely have that conversation in private. I don't have a lot of faith that BofA or any of the large banks are going to work with her on a personal level.

Best of luck to her. What a cra**y situation. She'll come out better on the other side.

Thank you! Always a great reminder, especially in an emotional situation.
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Got a Natty!
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In reply to TSJ • 8:55p, 9/12/25
AG

And don't assume "he will likely sign a quitclaim deed,"

If she buys a house while still married then that guy has her over a barrel. This situation does not sound amicable so you should assume the worst of every situation.
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SteveBott
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In reply to Got a Natty! • 9:14p, 9/12/25
AG
That's what I thought when I posted. I've seen a couple of these scenarios and there is a high risk of worse case.
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Jay@AgsReward.com
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In reply to TSJ • 1:01p, 9/13/25
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AG
B of A will not have a clue and the fact that she has a checking out their means absolutely zero. Do not trust that the soon to be ex will do the right thing. They have no requirement to do it.

We have a program where we buy the new house for the borrower, so they do not have to close until the divorce is final. It gets around all of the problems, but of course it is more expensive to do.

Sounds like she will not owe home anything on this deal, correct? If she does, we deal with that situation a lot: https://hurstlending.com/other-offers/divorce-home-loans/

But the easiest answer is of course for her to move into a rental until the divorce is final.
Sponsor Message: AgsReward.com - See Reviews and Check Our 5-Star Rating on Shopper Approved.
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sts7049
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1:02p, 9/13/25
AG
rent an air bnb for a month or something if she has to. don't bet on any good will.
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JBLHAG03
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7:34p, 9/13/25
AG
Agree, she needs to rent. Too much of a risk buying another house and furnishing it especially if he's an arse.
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jopatura
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10:59p, 9/14/25
AG
How close is the rental property to where she lives now? Can she give the tenants notice and move in? Can she buy them out and move in? May be cheaper then a workaround for the time being, then buy and re-rent the first property once everything is final.
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DannyDuberstein
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9:41a, 9/15/25
AG
Absolutely do not buy before this is finalized. To the point above, rent, airbb, or stay at an extended stay. I have recently seen a friend's previously "amicable" divorce go south very quickly when it came to selling the house. And this one doesn't sound all that amicable. When it comes to things that could be considered community property - especially big $$$ community property, best to hold tight.
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TSJ
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4:07p, 9/15/25
AG
Well we are changing things up. My wife and I are going to buy a house and my mom will be renting from us. Thanks for y'all's input!
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SteveBott
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In reply to TSJ • 4:23p, 9/15/25
AG
That is a good alternative. You do need 20% down and 25% has much better pricing
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jja79
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In reply to SteveBott • 6:30p, 9/15/25
AG
What about a Family Opportunity Mortgage which has the same terms as a primary residence?
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