Legal Question in Real Estate Law in Connecticut

Re: Purchasing a new home while beginning divorce

In Connecticut, whatever property you have or your husband has will be considered assets of the marriage. The divorce court could give you or your husband anywhere from none to all of the assets of your marriage.

That's the law. In practical terms, if you and your husband reach an agreement and present it to the divorce judge, the judge usually will go along with the agreement if the judge thinks it is reasonably fair to you and your husband and in the best interests of your children (if you have children).

One other thing to bear is mind is that Automatic Orders immediately enter once a divorce is started. These orders say that neither you nor your husband can incur unreasonable debt. If your husband does not want you to buy a house he could claim that you went into unreasonable debt to buy the house (if you used a mortgage). To protect yourself, you should either have him agree in writing that you can take out a mortgage to buy the house or you should get a court order allowing you to buy it.

With the amount of marital assets you and your husband seem to have, you should seriously consider speaking to an attorney about the divorce.

If you believe you and your husband can be reasonable and work out an agreement, the two of you may want to consider hiring a single attorney to help you negotiate the agreement. This process is called mediation. The attorney will not be representing you or your husband, but will help the two of you reach an agreement that meets the requirements of the law.

Please note our firm does mediation. We can also represent just you if you decide to hire your own attorney. We handle cases in Middletown. Please call (860.236.9350) if you would like to discuss your situation further.

Re: Purchasing a new home while beginning divorce

First of all, I don't know why you would agree to not make claim to the house he is living in. Just because your name is not on the mortgage or the deed, does not mean that the house is not a marital asset. It most likely is.

So long as you are married (which you still are) your husband can make claim to the house you plan to purchase. The funds used for the purchase, as well as the house itself, will most likely be considered marital property.

You need to consult with an attorney before making decisions.