Can I buy a house before being divorced?

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I have been separated from my husband for two and a half years and living in Kansas while I believe he is in California. I moved back to Michigan recently and wish to purchase a house. My concern is waiting six months before achieving the residency requirement necessary to file for divorce. Can I buy a home without it being considered marital property? How do I legally exclude this property from being considered marital property?

4 Attorney Answers

Best Answer
The money used to buy the marital home would likely be considered marital property. Talk to a lawyer before doing anything like that.
Best Answer
Hi, There is no easy yes or no answer. Talk to an attorney for advice and also document what ever you are doing and what the source of the funds for the house is. There is a book for anyone contemplating a divorce that could be helpful to you as well. It is called Divorce Demystified, Everything You Need To Know Before You File For Divorce and is available on Amazon as a soft cover or e-book. Good luck to you.
Henry Gornbein
Best Answer
This is not an easy question.
A house purchased for divorce judgment is entered is at least nominally an asset of the marital estate. However, there are ways to avoid that consequence, including talking with you soon to be ex and then having a lawyer help you get something in writing.
Generally speaking, I urge you to consult with a divorce lawyer to help you look at all of the issues that your case may present. This house issue is merely one.
Best Answer
I suggest you retain a divorce attorney now in anticipation of filing for divorce when you are ready. That attorney can work with your soon-to-be-ex to explore an agreement that the house you purchase in Michigan will be yours in a divorce. The value of the home is another story. If you use marital funds for the purchase, your ex might be entitled to 1/2 the value. These are not easy questions to answer without reviewing all of the facts and circumstances. That is why you need an attorney now. Best of luck to you.

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