If Iam separated and want to purchase a new home, can I do this before the divorce?
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If Iam separated and want to purchase a new home, can I do this before the divorce?
Will my husband have any right to this property?
Asked on September 15, 2010 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Consult with a family law attorney before doing anything; unless your attorney very definitively says that you *can* do this, don't. Anything bought, acquired, earned, etc. by a spouse during marriage--and prior to the divorce, you are still legally married, regardless of emotional, residency, etc. issuess--is property that will be considered during the divorce and in which the other spouse might easily have an interest. Even legal separation is not necessarily enough of a separation, since it's still short of a divorce--i.e. the two of your are still married. Ideally, you should divorce before doing anything like this; but if you can't or don't want to, at least discuss the notion in depth with an experienced family law attorney. Good luck.
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