If I’m considering a separation, can I legally purchase a home before getting divorced and keep that it?

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If I’m considering a separation, can I legally purchase a home before getting divorced and keep that it?

Asked on July 5, 2017 under Family Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is never advisable to amake a large purchase of before a divorce is finalized. As a general rule, anything purchased during the marriage is considered to be marital property. Consequently, your spouse will have rights to it. While you could use your own seperate money to purchase it, you would have to offer proof of this, and it could get complicated.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No--while there are a few limited exceptions that may allow you to do this (buying the home solely with money you can prove was from your personal inheritance from a deceased person, for example), as a general rule, anything purcahased during marriage is marital property and your spouse has a claim to it. Don't buy a home until you and your then-ex-spouse are no longer legally connected; rent until then.


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