Legal Question in Family Law in Connecticut
Im currently separated, have not filed for divorce yet, but in process of buying new home, would that affect me when i do file for divorce??
2 Answers from Attorneys
It would be considered a marital asset and your spouse could get a portion of the home or it's value in the divorce action.
Technically, everything acquired during the marriage is a "marital asset" and could be divided by the court in any way the court thinks is fair. As a practical matter, though, it's unlikely the court would divide the house. However, the money you put down to buy the house is a different matter. Say the house cost $200,000 and you put down $40,000. Where did the $40,000 come from? Was it from money saved up during the marriage? If so, the court might well say the spouse is entitled to $20,000. It may also depend on how long you've been separated. If you've been separated for 10 years, say, and you can show that the $40,000 was accumulated after you separated, it's more likely that the court won't order a 50/50 split (although it could). Some judges take the position that they don't care how long you've been separated, you're still married and it should get split 50/50; others feel if you've been separated while this money was earned, then you ought to keep it. The safe thing is to hold off buying the house until the divorce is final.