Real Property Claim

UPDATED: Oct 1, 2022

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Real Property Claim

My wife and I are separated, not divorced, and she lives in the house we own. I
have moved 70 miles away and want to buy some property here. If I buy property
here, can my wife make a claim, on the new property, if we ever do get a divorce?

Asked on November 5, 2018 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While there are exceptions--like with everything in the law, there are always exceptions--as a general matter, everything purchased or acquired during marriage is considered a marital asset so your wife (even if estranged, until divorced, she is your wife) will have a claim on it, just as if you don't buy the property, she has a claim to a share of the money you would have used to purchase it. It is probably better to rent until you get divorced.

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 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.

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