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Home buying before divorce?

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mk4u

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I am in the process of getting a divorce in the state of California. I am involved in a new relationship and we have the opportunity to purchase a home. I currentlly own a home with my soon to be EX, that is part of the divorce preceedings. Legally is this possible for me to make such a purchase? What, if any claims does she have to our new home?
 


I AM ALWAYS LIABLE

Senior Member
My response:

You didn't say what the financial condition is of your soon-to-be exwife. I'll assume her condition is nowhere near as good as yours. Therefore, if that's the case, and since California is a Community Property State, I would seriously think 3 times before I bought real estate prior to the final order and decree of dissolution. Otherwise, if the house should "appreciate" prior to the final decree, guess who else is going to share in that "appreciation", and make a claim under the Community Property law ?

That's right.

There will be other good deals. This particular "good deal" could turn out to be the worst, and most costly, mistake you could have made.

However, if it's been six months since you or she were served with the Summons and Complaint, talk to your attorney about "bifurcating" the divorce from other issues, and get your divorce finalized real quick. The court will maintain jurisdiction over the other issues until a resolution.

Or, wait for the next "good deal".

IAAL
 

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