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?


Asked on 3/20/00, 10:28 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

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.

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Answered on 3/25/00, 3:18 pm
Hugh Wood Wood & Meredith

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.

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Answered on 3/25/00, 5:42 pm


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