period I purchased a house, would my ex spouse have any rights on it during a divorce?
2007-07-06 17:34:15 · 14 answers · asked by Joe S 1 in Family & Relationships ➔ Marriage & Divorce
Laws vary from state to state, so it is not possible to give you a difinitive answer -- you really have to look into your own state law. But in general, if you have a good separation agreement signed and notarized or, better yet, on file with the courthouse, then it should have a provision addressing this kind of thing.
If you are living separately but do not have any written, signed, notarized agreement then most states would consider your house a marital asset in which she would own 50% (and could be liable for the mortgage as well) unless you can prove to the court that you used only non-marital funds for its purchase, for mortgage payments, and upkeep.
For example, if you inherited a bunch of money and you kept that money separate and used only that to purchase the house, pay mortgage payments, and fix the leaky sink, you should be able to keep it. Your paycheck (and hers) are marital assets, so if you made a mortgage payment from your salary, she has a claim.
My advice: get a good separation agreement first, and have an attorney look it over before you sign it.
2007-07-06 17:45:10 · answer #1 · answered by Freedom 4 · 0⤊ 0⤋
Not all states have separation agreements. When I went through my divorce, I moved to a new job in a new city. To close on the house, the lender required I have my estranged wife sign a quit claim, relinquishing any rights to the new property. And this held up in a community property state.
One to look into. The simplest and the least expensive method, if your spouse is cooperative.
2007-07-07 00:55:52 · answer #2 · answered by boiseboy50 2 · 0⤊ 0⤋
My attorney told me that once I was legally seperated I wouldn't be held responisible for any bills that my wife incurred. Case in point........ right before we got our final divorce papers she had a procedure done at a hospital. She didn't pay the co-pay... about $400... and it showed up on my credit. I called the collection agency and got their fax number... sent them our paper work showing our seperation date being a year and a half before the bill and then told them that if it wasn't removed from my credit I would sue them back to the stone age. By the end of the month it was removed.
My understanding is that if you bought the house after your seperation date, she would have no claim. Her name isn't on the loan or the title to the house... she's never lived in the house... so you should be clear.
2007-07-07 00:40:58 · answer #3 · answered by Aron1968_30 5 · 0⤊ 0⤋
I was in a similar situation, but I did not own a home. In my understanding if a pre-nuptial agreement was never signed, then any assets acquired after marriage belong to both spouses (homes, cars, stocks, etc...). It would be ideal to come to an agreement about these issues before filing for divorce since it could otherwise get ugly and complicated.
2007-07-07 00:44:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
As long as you have filed for divorce you should be able to stip to the house being your separate property and not community property. Although if you use community monies to purchase the house then ya it is community property. Play it safe and hold off if you can or ask your attorney if you must.
2007-07-07 00:44:22 · answer #5 · answered by ME 4 · 0⤊ 0⤋
It depends on the state where you live. I wouldn't chance it. There will be allegations that you used community property monies to put down as a downpayment. It would just be a mess. Divide everything, get the divorce....then buy a house. And only put YOUR name on the title.
2007-07-07 00:44:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, is what my attorney told me.. so I made an agreement with the owner to "rent" it pending the divorce, then sign the papers.
My atty said it was part of the "joint" property unless you have a seperation agreement which spells out that property gained during seperation was seperate property to each party.
2007-07-07 00:37:07 · answer #7 · answered by Wildflower 6 · 0⤊ 0⤋
I believe it can be pulled into stipulations.
It would be best (for you) if you don't purchase a house until the papers have been signed, until your lawyer tells you that it(the marriage) is now officially over between you and your husband.
2007-07-07 00:39:19 · answer #8 · answered by Rogee 4 · 0⤊ 0⤋
If u have purchased the house along wid ur spouse (i.e if he/she had supported u financially) then its YES.......
Otherwise he/she would get trashbags......
2007-07-07 00:40:44 · answer #9 · answered by Get Real 2 · 0⤊ 0⤋
not if you filed a legal seperation notice contact an attorney before you proceed that way you can get correct legal advice for your state
2007-07-07 00:40:26 · answer #10 · answered by mmedina96 4 · 0⤊ 0⤋