Buying a house while divorcing

My wife and I are divorcing and I really want to
go ahead and buy a house. Just want to know
if legally I can do that and if so is there any
paperwork I need to file.

Asked on May 23, 2016 under Family Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, you can do many things which are bad ideas; this is one of them. If you buy a house while still married, your wife will almost certainly have a claim to it and you may have to sell it, or "buy out" her interest, during the divorce. Even if the circumstances (e.g. using money that is solely and 100% yours, like an inheritances) where you can show eventually that she has no valid claim, do you really want to have to fight this issue out in court? 
Rent until you are divorced, if you need another place to stay. Then buy the house--you will save yourself considerable trouble.

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