Can I buy a house while I'm separated?
Question Details:
My mom and I would like to buy a house. I am currently separated from my husband.
Although the above attorney is licensed in New York, he is correct that you should speak with a family lawyer before purchasing any real estate during a pending divorce.
If you have not yet settled the marital estate, any purchases (or the funds used to make such purchases) could be considered marital property, and may be subject to division by the court. If both spouses already agree on all major terms of their separation and divorce, I would encourage you to prepare and file a separation agreement with the court.
My firm charges a flat fee for the preparation and filing of a joint petition for divorce and separation agreement. Best of luck, and don't hesitate to contact my office. Chris 617-357-4898.
Do you have a separation agreement which lays out all the issues including what would happen from the date it is signed on (i.e., that everything after that point is considered separate property - and it is usually filed with the divorce petition) or A Complaint for Separate Support, which can cover most of the issues separating couples need to think about, but it does not end the marriage? I would seek an attorney's help to make sure that something stops the clock, so to speak, on what can be claimed as marital property. Otherwise, you may be in a bind later on.
