If my soon to be ex and I have lived apart and I now want to buy a house, would that be considered community property and could she take half?

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If my soon to be ex and I have lived apart and I now want to buy a house, would that be considered community property and could she take half?

We have lived apart for nerly 2 years, in separate houses with other people.

Asked on August 1, 2012 under Family Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When you say "soon to be ex" what exactly do you mean?  Have you filed for divorce?  becuase if you are still legally married then the house could still be considered a marital asset for division in the divorce.  Please go and speak with an attorney as soon as you can about everything.  Good luck.


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