Divorce and Marriage Law
Mortgages
Home Equity and Refinancing

Can you purchase a home before your divorce is final?

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2011-08-12 17:01:12
2011-08-12 17:01:12

It depends on what state you are in i think. I know that in the state of Arizona you cant divorce has to be finally or other partner can make you sell and give them half of what you get from that new house..... Hope this helps

In some states property purchased, although separated, can still be considered maritial property. I would not advise it.

AnswerYes. However, depending on the state that you live in, this may not be advisable. Each state has its own laws regarding marital asset division. As the other contributor mentioned, a state like Arizona uses a "community property" approach. This means that any property or debt acquired from the beginning to the end of a marriage will be divided by the court. There are 9 community property states as of 2011, including Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

The court's decision typically splits the community property evenly between the spouses, unless there are extenuating circumstances. Because of the potential for conflict, many spouses settle the matter privately with attorneys. If you choose to buy a home before your divorce is final, keep this in mind as the property you purchase will either be considered by the court or by private legal counsel.

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