ShouldI purchase a house before my divorce is final?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

ShouldI purchase a house before my divorce is final?

I have been legally separated from my wife for over 1 year. Our divorce papers have been signed for over 3 months and her lawyer has not filed them yet. I am currently renting a house but would like to buy a new house. Will my soon-to-be-ex-wife have any legal rights to the new house I purchase if I purchase it before the divorce is final?

Asked on July 19, 2011 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You probably should not purchase the home before the divorce is final, and you should *definitely* consult with a family or matrimonial or divorce law attorney before doing this. The problem is, you are still technically married at this point, until the papers are filed and everything is final. Therefore, a house you buy could possibly be considered a marital asset. Given that you'd be putting a substantial asset and significant amount of money at risk, it would not seem to be worth it to take this chance--you have a place to live right now, after all. If it really matters to you for some reason to be able to purchase earlier, then consult with your attorney first, to understand the risks and see if there is anyway to structure the transaction to reduce these risks. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption