Friday, 13 March 2015

DivorceIf I would purchase a home before a divorce is final. my wife have been seperated for over two yrs.Could she be intiled to any of th...

Question

Divorce

If I would purchase a home before a divorce is final. my wife have been seperated for over two yrs.Could she be intiled to any of this house.



Answer

Re: Divorce

Possibly, as a married person your spouse has an interest in any real property you buy during the marriage. Until the divorce is final you're still married.

The good news is you can have her sign a waiver of her interest.

If you have any questions fell free to contact me, the initial consultation is free.

John



Answer

Re: Divorce

"However, marital property does not include: (4) Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets."

The answer is probably that if you are buying it through a mortgage, she would not be entitled to it but if you are buying it with cash that you socked away during the marriage, or with your IRA or pension funds acquired before separation she would be entitled.



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