Can I purchase a home during a divorce if its agreed upon as sperate property?

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Can I purchase a home during a divorce if its agreed upon as sperate property?

My wife and I will soon be getting a divorce. Nothing has been filed yet and everything will be agreed upon for the divorce. Is it possible to buy a home before the divorce is final and just have it in my name and as property that can’t be seperated in the divorce if its agreed upon?

Asked on May 13, 2009 under Family Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Usually, in most states, upon legal separation or actions that if filed in court would constitute legal separation (i.e., living apart separate lives with no chance of reconciling) then it may not be a problem. 

However, don't assume amicable divorces will stay amicable when the other party finds out.  Why? Because of the following: how did you come about purchasing or planning to purchase? With any monies made during the marriage, before separation? Any marital assets used to purchase?

 

See, at first it may seem to be a pretty clean transaction -- when you look at the source, it actually may not be.  So, if you don't have a lawyer, and your wife wants to cooperate, contact a lawyer to help draft an agreement regarding this purchase. Try www.attorneypages.com.


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