Legal Question in Real Estate Law in Florida

Buying a home when seperated from spouse

If you are seperated but not divorced from your spouse and you want to purchase a home, is there something you can do legally that will prohibit the estranged spouse from claiming that they are entitled to half of the property and/or it's equity during the dissolution of marriage (divorce)proceedings?


Asked on 8/08/05, 2:37 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Buying a home when seperated from spouse

Beyond legalities, it is best not to buy at this critical time. There are cases which support the position that assets acquired after separationas not marital property, but is it worth the hassle. Discuss the matter with your attorney (if you retained one).

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Answered on 8/08/05, 5:10 pm
David Slater David P. Slater, Esq.

Re: Buying a home when seperated from spouse

Unless she has an attorney advising her and she signs an agreement, forget it.

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Answered on 8/09/05, 12:31 am


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