My live in boyfriend of 3 years and I are in the process of buying a house together, we are both separated (not divorced). I have been separated for over 8 years, he for 3 years. We are buying a home in Western,Ma. His wife lives in Connecticut with his 3 children and my husband lives in N.Y.C. MY question is this, do our spouses have any right to the house if we get divorced from them? We are in the process of buying the house now, would it be wise to protect ourselves and try to get divorced now or can we wait? Does anyone have any idea? Thanks for answering.
2007-03-04 22:26:20 · 15 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If the divorce proceeding have started and it has been filed, then no they have no stake on your house, if no divorce proceedings have started then i would seek legal advice before purchasing a house, just in case.
2007-03-04 22:33:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sure you could purchase the property and hope for the best but odds are you will have issues later.
If he has no formal child support agreement or has been just helpfing out his ex could come back for a hefty amount upon divorce. What if you have paid your mortgage for a few years and she is entitled to part of it? And if god forbid, if you are not married to your boyfriend and something would happen to either of you the the other would have huge tax issues.
Responsibility both personal and financially when starting a new life requires making sure that all of the bases are covered. Because the main thing is in order to have a full relationship one must be truly free of the past and not have this kind of thing looming about. Its hard enough for couples who don't have these issues.
Get the divorces first.
2007-03-05 12:59:08 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
if there is nothing in the courts like a legal separation i would think that the spouses would be able to take half of anything if they file for divorce now i think the best thing to do is take the money you would be putting into the down payment and both of you file for divorce let the courts decide the child support issues and then together you can start your own lives knowing what you acquire will remain with the two of you.the child support decision will also allow you to know what kind of funds you will have to work with for payments on a home.
2007-03-05 07:58:32 · answer #3 · answered by patbgone 3 · 0⤊ 0⤋
The wife with 3 children may have more rights than you know. It sounds like you may be asking for trouble. Why are you buying a house before investing money in divorces? Do what comes first. Never buy a house with someone your not married to. Then you could be asking for more problems if there is a breakup.
2007-03-05 06:40:43 · answer #4 · answered by beebee 6 · 0⤊ 0⤋
Let me be brief.
You are a fool to buy property with ANYONE you are not married to.
You are also a fool to move in with a person while still being married to someone else.
You are a fool to think husband will not make trouble when you finally get the divorce.
You are a fool to think that buying real estate without a contract, written or marriage, is even on the chart as a good idea.
This plan if fraught with problems. Why would you leave yourself open for the problems which might arise?
The only conclusion for me is you are being foolish.
2007-03-05 06:58:10 · answer #5 · answered by Flagger 6 · 0⤊ 0⤋
I think I wouldn't take any chances and get the divorces now. Whether or not the spouses have a claim on the home would depend on the state you live in and I'm not sure about the two you list. Good Luck!
2007-03-05 06:31:49 · answer #6 · answered by jingles 5 · 0⤊ 0⤋
I would wait to buy a house until after the dicorces are final. Ask your attorneys about this as well and they may have some advice they can offer you both in this situation. I think however that if the house is not in their names that they will have no legal rights to it but i could be wrong and i dont want to lead you the wrong way in this. Be on the safe side an ask an attorney or a parallegal. Good luck:)
2007-03-05 06:30:35 · answer #7 · answered by Lady Hewitt 6 · 0⤊ 0⤋
If you buy the house before your officially divorced..yes, they can claim half your income and half the house. I wouldnt buy anything until after you have confirmation of both divorces.
2007-03-08 18:17:17 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If either one of you died, the spouse and children would inherit part or all of the house. Get divorced.
2007-03-05 06:32:06 · answer #9 · answered by J F 6 · 0⤊ 0⤋
I would get a divorce now! Legalities sometime are a pain. You would not want your ex-es to own part of your house!
2007-03-05 06:31:38 · answer #10 · answered by Mrs. T 4 · 0⤊ 0⤋