If I purchase a home while legally separated, does the spouse have any right to the house beyond marital asset equity upon liquidation?

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If I purchase a home while legally separated, does the spouse have any right to the house beyond marital asset equity upon liquidation?

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Asked on June 22, 2009 under Family Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not an Oregon attorney, but my research suggests that if you have a legal separation under your state's law, the marital property has been divided already, and any assets that were yours under the separation (bank accounts, etc.) are yours to do with as you please, including using them to buy a home, free and clear of any claim by your spouse.  Of course, if the separation decree required you to pay money to your spouse, and you used that to buy a house instead, there's a good chance that the spouse could persuade the court to order something you might find unpleasant.

For advice you can rely on, please have a lawyer in your area review all the facts of your case, including the separation papers -- and please, do this before you sign a contract to buy a house!


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