i am going to buy a home but am not divorced yet? is it possibile to have wife sign something legally stating she will not go after home in divorce proceedings?
2007-10-08 08:41:00 · 21 answers · asked by raistlin7262000 1 in Family & Relationships ➔ Marriage & Divorce
Just make sure that the deed and title to the home are in YOUR name only, and that NO money you use to obtain the home comes from her.
2007-10-08 08:44:15 · answer #1 · answered by Brutally Honest 7 · 0⤊ 0⤋
I would definitely check with my attorney. Most of the time, you aren't supposed to buy/sell anything during a divorce. I wouldn't chance this at all. If you get the ok by the attorney, just ask him or her what kind of document you can have drawn up. I wouldn't chance this no matter what. You don't want her to go back on her word and go after the house.
2007-10-08 15:50:56 · answer #2 · answered by Ginger 3 · 0⤊ 0⤋
you can ask her to sign a stipulation to that effect. But the judge doesn't have to honor that stipulation if he feels its not in the best interests of both parties. Not as big an issue if you don't have kids, but if you do, be careful assuming too much without some advice from people experienced in your county's family court system. I would spend the money on a lawyer for this though, just to be sure its going to pass muster in court.
2007-10-08 15:46:24 · answer #3 · answered by John M 7 · 0⤊ 0⤋
Best bet would be to wait until after the divorce is final because she can go after it. In many states it is illegal to buy something in the middle of the divorce.
2007-10-08 15:44:31 · answer #4 · answered by Melissa 2 · 1⤊ 0⤋
If you purchase the home PRIOR to the finalization of your divorce she is entitled to go after half of it. Doesn't matter whether she signs something or not! you would be best to wait until the divorce is finalized.
2007-10-08 15:46:51 · answer #5 · answered by green_clovers66 3 · 0⤊ 0⤋
The laws vary state to state. In Minnesota, the rule is "1 to buy, 2 to sell." Which means if you buy the house while still married, it becomes joint property -- she suddenly owns half of it.
You're getting into tricky things and need to consult with a real attorney. In person.
2007-10-08 15:47:03 · answer #6 · answered by jplrvflyer 5 · 0⤊ 0⤋
well have you filed your divorce papers yet??? if you have and you are only waiting for it to process then i would say yes buy the house she cant tap into it...but if you havent even filed yet then I would have her sign a document saying that she can not have rights to the home you are buying...put it on ur divorce agreement...or as an attachment....talk to an attorney thought they do give out free advise
2007-10-08 15:46:13 · answer #7 · answered by tinker143 5 · 0⤊ 0⤋
I believe that would have had to have been worked out in the separation papers. But if you're getting divorced then you will need a divorce lawyer. If you have a lawyer, why are you asking here?
2007-10-08 15:44:41 · answer #8 · answered by Crypt 6 · 1⤊ 0⤋
Unless your in a state that divides the properties equally then as long as she isn't on the deed to the house she can't have it, however if you are in one of those states then I would wait for the divorce to be finalized
2007-10-08 15:48:08 · answer #9 · answered by swtlilblonde31 5 · 0⤊ 0⤋
No if you are still married when you buy the house she can go after it (and she probably will). Explain to the seller what your situation is and try to get them to wait on selling until after your divorce is final.
2007-10-08 15:47:16 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Wait until the divorce is final. Up until then, anything can be contested and the property will be up for grabs. All she needs is a better lawyer than yours.
2007-10-08 15:51:50 · answer #11 · answered by sfcgijill 3 · 0⤊ 0⤋