Can you buy a house while being legally seperated?

Question

i am legally separated and i want to buy a house next month is it safe. i don't want to buy a home and then in a couple of months get divorced and him get what i paid for when technically we are not together.

Answer 1

This really depends on your state.

In CA you can buy the house, but he has to buy it with you and then deed out.     This would be true in any community property state, but not every state is community property.

Answer 2

No one can answer this question for you correctly as you did not tell us what state the property is in.  There are three different types of marital laws that states use.  Some states, NY, Va, Md, do not recognize marital status when it comes to title to a property.  Dower/homestead states, while technically different work in the same way, Fl, Oh, Nc, where if you put your seperated on the deed, you might, and I stress might need the other to sign.  If you have a fully executed seperation agreement, you should be ok, but I would seek legal counsel immediately about this, the last thing you want is the soon to be ex coming back claiming equity in the home.  The last is community property, Ca, Wa, Wi all recognize this.  The community property laws are more defined than dower/homestead, but I never had the seperation issue come up when working those states.  You should be able to look up community property rights and see how it works.  My guess is that the soon to be ex may have to sign, but again, seek a legal professional in your area who can give you the best advice.  As I said, the answers listed above are good, but without knowing what state we're talking about, it's hard to give you a concrete answer

Answer 3

YES you can.  Your wife however will have to go to the closing and sign off dower rights!!  By signing that it will separate her form anything to do with that home.

let me know if you have any other questions, I will be glad to help. (even with the mortgage its self.)

Answer 4

It should definitely state that in your separation agreement,that he has no rights to any real property etc.(Mine does)

Read it over carefully.

Answer 5

As long as you have a legal separation agreement filed (signed by both parties) or have a free trade agreement typed up, signed by both parties and filed.

Answer 6

In several states in the US their are community property laws.

When you sell your spouse will have to sign at least some of the papers and may require some money before they agree to sign.

I would not do this without very good legal advice.  Be sure the attorney is well versed in real estate title law as well as divorce law.