They married 15 yrs, have 2 kids they both own a house,they file for divorce, can he buy a house on his own name before the divorce is final? his father will help him with the money for down payment,can his wife count the new house as marriage property and get 1/2 of the new house too?
2007-10-26 12:40:58 · 9 answers · asked by 999 1 in Politics & Government ➔ Law & Ethics
live in ILL
2007-10-26 12:44:42 · update #1
No. Why do couples make divorces so brutal???
I'd be more worried about the kids emotional state, than the fathers new real estate situation. There's a huge difference between looking out for your kids, your well being , and GREED.
2007-10-26 12:48:27 · answer #1 · answered by ♥ Leo ♥ 5 · 1⤊ 0⤋
If he buys a house before the divorce is final, then if you are in a community property state--the wife would be entitled to 1/2 of the house he bought.
2007-10-26 13:04:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
only a divorce lawyer can answer these questions as the answers vary from state to state. In NYS, if the family home is in both names, then both have equall share in the home and the Family Courts Judge will often order the home sold and the proceeds split 50-50. Anything purchased alone by either husband or wife after they file for divorce is considered separate property so if the husband is in NY and buys himself a new & separate home, she has no claim on it. As far as renting or buying? His income and what he can afford to do should dictate that...Good Luck...
2016-04-10 08:37:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would suspect not- if they are separated and have been separated for a while- living in separate households - then he would not be responsible for the debts she racks up on the credit cards - she can't go on a wild spending spree buying fur coats for all her friends and stick him with 1/2 the bill - so why would she be entitled to any equity in the new house?
Before he purchases the house - he may want to check with his divorce attny.
2007-10-26 13:03:25 · answer #4 · answered by Boots 7 · 0⤊ 0⤋
I would hold off until the divorce unless the would be former Mrs. signs a quick claim deed at the closing saying that she signs away any rights she has in the new property
2007-10-26 12:57:27 · answer #5 · answered by jean 7 · 0⤊ 0⤋
a lot depends on what state you are in as divorce laws vary a great deal from state to state, off the top of my head i would think that if they have a legal seperation then she can't touch it, and why would she want to? His Dad is putting his money into it to help his son, what did she do to get half of the house?
2007-10-26 12:46:25 · answer #6 · answered by deejayspop 6 · 0⤊ 0⤋
Not likely. It's a gift from his father making it his and there'd be no equity anyway. File a legal seperation if he's worried.
2007-10-26 12:45:48 · answer #7 · answered by MEL T 7 · 0⤊ 0⤋
probably i would find out whether its a women state where the women would win and get what ever she wants out of him or if its the state of the man where he gets what he wants. but i would wait if i were him.
2007-10-26 12:49:57 · answer #8 · answered by Ma-na 3 · 0⤊ 0⤋
if she wants to be a right beeyotch, she can try. Hopefully any self respecting judge will laugh at her.
2007-10-26 12:45:06 · answer #9 · answered by Mrsjvb 7 · 0⤊ 0⤋