If my wife and I have been separated for 10 years and I filed for divorce but my girlfriend and I are buying a house, will my wife have any rights to it?

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If my wife and I have been separated for 10 years and I filed for divorce but my girlfriend and I are buying a house, will my wife have any rights to it?

Will the house be listed as assets to be divided with my wife?

Asked on August 11, 2015 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Do not buy a house using any of your assets or income until the divorce is final. Separated or not, right now, your wife and you are married; she has a claim to marital or joint assets; if you use any money to which she might otherwise be entitled to buy this house, then she may have a claim to it, at least to the extent you used funds or assets to which she may be entitled. Lease or rent until you resolve your marriage.


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