Married In the process of purchasing a home without my husband. What are the ramifications if we divorce after I purchase the home.

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Married In the process of purchasing a home without my husband. What are the ramifications if we divorce after I purchase the home.

I, the wife will be purchasing a home for my family in my name only next year 2019. My husband is not financially able to do so. In the event we divorce, how can I protect the home I’m about to purchase without him trying to come after the home in the event of a divorce to where I have to sale it.

Asked on August 22, 2018 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You really can't effectively protect it from him: anything acquired during marriage is something that the other spouse may have an interest in in the event of a divorce. The law makes anything acquired during marriage (with some very narrow exceptions: e.g. something inherited by only one spouse; something gifted by a 3rd party to only one spouse) marital property which both spouses have an interest in if and when there is a divorce. (After all, if you didn't buy the home, your husband would have a claim on the money in your bank account which you otherwise would have used for the house.) If you are contemplating divorce or think divorce a reasonably likely outcome, you may wish to rent instead.


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