Do you need to add your Spouse's name on the deed when you are separated?

Question

I am separated for a while. I am planning to own a new place. I am wondering, do I have to add my separated spouse’s name on the deed?

I dont want to have any chaos on this new property.

Thanks

Answer 1

Check the laws of the state where you live. If you're in a community property state, then your ex will have to execute a Quit Claim Deed. Technically, you are still married. If you don't have a positive relationship with her, you may consider purchasing the property after the divorce is final. If your divorce is anything but amicable, this could be a problem.

Each state has different laws. In California, any property during marriage is considered community property unless a spouse relinquishes their interest in the property to the other spouse. That might even be questioned if the spouse that eliminated their interest made substantial financial contributions (mortgage payments, tax payments, etc.) When my husband and I moved to N. Dakota, I got the loan based on my income and the deed was in my name only-- HOWEVER, my husband still has an assumed one-half interest. We had planned on adding his name anyway, so it's not a big deal.

Check with your attorney and consider purchasing the property after the dust has settled and your divorce is final.

Answer 2

Anything that is purchased while you are still legally married is joint property. If you are separted and plan to get a divorce, I would wait until that is final before purchasing anything of great value.

Answer 3

if you or he have filed for a divorce already then you are safe but if married not legally seperated or in the process of divorce then anything either of you buy win or aquire becomes community property.if you dont want to live together get a divorce already!good luck.

Answer 4

No, in reality you can buy new property without having your wife on the deed (if you were married). I would check with my real estate agent on how that works just to make sure.

Answer 5

heck no get legal sepARATION PAPERS AND GO ON WITH YOUR LIFE