Legal Question in Real Estate Law in Georgia
Buying a house during a divorce
Is it possible to buy a house while I am seperated from my wife and prevent her from getting any of the house?
2 Answers from Attorneys
Re: Buying a house during a divorce
There are many ways to accomplish this. More time is needed than is available here. One way is to buy with the minimum down payment. You would probably have too little equity in the property for the wife to try to assert a claim.
Re: Buying a house during a divorce
Its possible, but you may not be able to fully protect the asset from your wife or her marital claims. The rule in GA is that propety acquired during coverture (Marriage) belongs to both spouses. There are lots and lots of exceptions different application of the rules, etc. Gifts, identified seperate property, etc. You should seek some competent legal counsel before you try to do this trick on your own. If you structure it incorrecly, you have just purchased your wife a 50% ownership in your new home.