If I’m legally married and getting separated but am purchasing my own home, would my husband have a legal claim on my new house?

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If I’m legally married and getting separated but am purchasing my own home, would my husband have a legal claim on my new house?

Asked on May 14, 2012 under Family Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

If you are divorced or separated with no intent to reunite when you purchase the house, the house is your separate property and your husband has no claim to it.

If you are married when you purchase the house, the house is community property and your husband has a one half interest in it.

If you don't live in a community property state, other rules may be applicable.


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