The last thing you’d want is to buy the home and your spouse dig up evidence that suggests the two of you weren’t actually separated at the time the purchase was made.
If you and your spouse are planning on filing for divorce and you want to buy a house on your own, you may be hesitant to do so as most of the property acquired while married is subject to division. However, because you live in Fresno, you may be able to buy a home while divorcing and not have to split it. Here’s why.
California is considered a community property state and divides property into two categories–community property and separate property. Community property is anything you and your spouse acquired together while married while separate property includes assets you had or earned before you were married or after you separated1.
So, if you plan on using your own money to purchase a home and you and your spouse are officially separated, then the home would be classified as separate property. Hence, it wouldn’t be subject to division. But, before you get excited, you are encouraged to consult with divorce lawyers to ensure the home would be protected from division.
Consider these tips if you want to buy a house while getting divorced
The first and most obvious thing to do is consult with Fresno divorce lawyers. Why? They will ensure you followed the necessary steps for you to be classified as “separated” and advise you on the best route to take to purchase the home.
The last thing you’d want is to buy the home and your spouse dig up evidence that suggests the two of you weren’t actually separated at the time the purchase was made. You’d be surprised to see how far someone would go just to acquire a valuable asset.
Now, if you need help finding California divorce lawyers near you,nNot to worry as USAttorneys.com has you covered. We can help you get an initial consultation scheduled as early as today.
You’ll need to take into account the cost of the divorce before buying a home while separated.
Aside from making sure it is safe to buy a home while going through a divorce, you’ll also need to consider the cost of actually filing and retaining divorce lawyers. After all, you wouldn’t want your mortgage to interfere with your ability to cover court costs and lawyer fees and vice versa.
With that said, it’s a good idea to have a lawyer provide you with an estimate of how much the divorce will cost before you jump into closing on a home. If you can afford both and your attorney gives you the green light to buy, you then have the resources to make an informed decision.
If you haven’t yet consulted with an attorney but are serious about filing, USAttorneys.com works closely with some of the top divorce and child custody lawyers in Fresno. And we’d be happy to connect you with one now.
Have questions about this article or a legal concern? Call 800-672-3103.