Legal Question in Family Law in New Jersey

Buying a house while separated

My wife and I have not lived together for the past 6 months and are still legally married. She will soon be filing for an uncontested divorce and not seeking any other compensation. I am looking to buy a house prior to that. Is there any way to purchase the house under only my name. I don't expect her to come after the house, but just want to know the concerns with purchasing a house prior to being legally divorced.


Asked on 1/15/07, 5:41 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Buying a house while separated

Now, dont take this wrong, but let me summarize:

you are in the middle of a divorce. You have to deal with it very soon.

you have a job.

you might have kids.

child support and college tuition needs to be paid. measured in tens of thousand of dollars.

you want to buy a house, and maybe you have some money saved. you might have a pension plan.

and you want to do this without an attorney's advice.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/15/07, 5:57 pm
Gary Moore Gary Moore Attorney At Law

Re: Buying a house while separated

I am certain that you know your wife better than I do because I do not know her at all, but in matters of finance caution is the keynote. It would prudent to have her sign something before you purchase this house signing off on any entitlement to a share of the equity in the house

because it is likely that you are using funds earned during the marriage to purchase the house. I would also suggest that you should not purchase the house prior to the filing of the divorce complaint because that event marks the factual end of your marriage in terms of identifying marital assets for equitable distribution.

Of course this is only cautious advice and you should feel free to throw caution to the winds.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/15/07, 6:05 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Buying a house while separated

I take it that you and your wife do not have a separation agreement?

You can deal with the issue of dividing and maintaining assets with a separation agreement.

You can still get a separation agreement to protect your interest.

My best advise, however, is to wait until your divorce is finalized, or file for a divorce yourself.

Why wait for your wife to get the divorce?

Antoinette M. Wooten, Esq.

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Answered on 1/15/07, 6:46 pm


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