Can you buy a housein your name onlybeforea divorce is final?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can you buy a housein your name onlybeforea divorce is final?

I just filed for a non-contested divorce. We filed ourselves. I found a house and I opened escrow. Will I have to wait until the divorce is final or can I go through with it? I am buying the house myself.

Asked on November 16, 2010 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, if you live in Arizona, as your question implies, you can't do this. Arizona is "community property state," which means that ALL property acquired by either spouse during marriage is automatically "community property"--i.e property of the two spouses together. While you have filed for a divorce, untiil such time as the divorce is finalized, you are still married, so the house will belong to your soon-to-be-ex-wife as well, even if you using, for example, a loan from your family or a personal inheritance, and even if you title it in your name. You should probably try to rent until such time as the divorce is final, then look to purchase it after that time. Otherwise, it will become another asset to be divided equally during the divorce.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption