Legal Question in Family Law in California
Buying a house after separation
I filed for divorce and got separation in early 2006. However, my divorce is not settled yet.
I am planning to buy a house now. If I buy the house, can me (ex)wife claim half of it during the settlement. The money for the downpayment will come from a loan on my 401(K) money. She had almost the same amount of money in her 401(K) when we separated. I know that she would not sign ''quite claim''.
My question is that if I buy the house in my name, can she claim half of it at a later date.
3 Answers from Attorneys
Re: Buying a house after separation
I am sure your attorney has advised you against this. If you look at the back of your Summons, you will note that a BOTH parties are immediately restrained from encumbering any property that is under the jurisdiction of the court. You would be in violation of that restraining order, and judges tend not to appreciate that.
Besides, unless this deal is a now or never, why give yourself the worry of issues coming up later that you may have to spend money on to defend in court?
Re: Buying a house after separation
Whether or not she may prevail on her claim would depend upon the nature of the funds used to purchase the new house, i.e., community or separate property. Contact me directly.
Re: Buying a house after separation
Whether or not she may prevail on her claim would depend upon the nature of the funds used to purchase the new house, i.e., community or separate property. Contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
