If my wife buys a house beforeour divorce is final,is it marital property?

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If my wife buys a house beforeour divorce is final,is it marital property?

Asked on January 14, 2012 under Family Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

If you live in a community property state such as CA, community property is property acquired 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.  A spouse has no claim to the other spouse's separate property.

If you and your wife were separated with no intent to reunite when she purchased the home, it is her separate property and you would not have any claim to the home.

If you were not separated when the home was purchased or were separated but intended to reunite, the home is community property because it was purchased during marriage and as community property, you would have a claim to one half.

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


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