Can I purchase a home by myself before my divorce is final without my spouse having legal claim to the property?

Question Details:My wife and I have been separated for 4 months and are getting a no-fault divorce. She lives in our house that is deeded in both our names and we are paying half the mortgage each. We are selling the house. I would like to buy a home for myself. I am qualified financially to do so. If I buy a house before our divorce is final will it be considered as part of our mutual property? Are there any other implications in this situation that I should be aware of?

Asked 4 years ago under Divorce, Marriage, Alimony | 3944 Views | More Legal Topics

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N. K., Member, Iowa and Illinois Bar | FreeAdvice Contributing Attorney Answered 4 years ago

You need to consult a divorce attorney in your area experienced with Virginia divorce law regarding property distribution. You need to determine if the house you buy before your divorce is final would be considered separate or marital property. Or, is there a way to purchase the house to insure that it would be separate property untouchable by your wife. If you purchase the house before the divorce is final and the court determines that it is marital property, your wife could have a claim to it. You need to find out about the implications before you purchase the house.

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