Real Property Claim

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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