Legal Question in Family Law in Georgia

Legal Spearation

I am separated from my husband and want to purchase a house. What steps do I take to avoid losing half of it to him in a divorce settlement later?


Asked on 7/26/05, 7:44 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Legal Spearation

Plain and simple, in Georgia, do NOT purchase a house until after the divorce (unless you have an uncontested divorce pending and the house issue is resolved in the papers).

Property bought while separated in Georgia is marital property, and while it is common for people to keep homes in such cases it is notr guaranteed.

Some lenders won't lend to you in this situation for exactly the above reasons.

The short answer is get divorced first.

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Answered on 7/26/05, 7:55 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Legal Spearation

Unless the purchase price can be traced to a gift or inheritance that you received, the house would become part of the marital property and thus subject to a claim by your husband. Don't do the deal until the divorce is final or unless you can get your husband to sign an agreement that he will not assert a claim against it. Consult with a local attorney.

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Answered on 7/27/05, 4:06 pm


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