Legal Question in Real Estate Law in California
Separating from husband and buying a house
If a legal separation has been filed by a wife, and then after that date but before the six month finalization date the wife buys a house, does the husband have any legal or financial claim to the property? If the husband files Bankruptcy at some point before the six month finalization date on the separation, can any of his creditors go after the property in any way?
1 Answer from Attorneys
Re: Separating from husband and buying a house
If she buys the house with separate property, relying only on her own credit, the house will be her separate property. Creditors will be able to claim against the house only if they could have executed against the money with which it was purchased.
You have not said whether the debt is the husband's separate debt or is a community debt. If it is a community debt, then the creditors can execute against the wife's separate property. However, if she buys a house, she can claim a homestead exemption for it.
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