Legal Question in Real Estate Law in Georgia

I'm separated from my spouse, however no legal separation or divorce has been filed. We have no joint accounts. I am in a contract to buy a house (on my income /credit score only), should I file for divorce before I close on the house or does it matter? Will he have to sign any of the closing paperwork?


Asked on 1/20/15, 8:56 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since a house purchased during the marriage is marital property that can be divided in a divorce, change your plans. See a lawyer and start the divorce. You will not want to buy a home until AFTER the divorce is granted. One possible exception - if you have an uncontested case and a lawyer drafts an agreement in that case that clearly makes the new home yours, you could proceed after you file the divorce but before its completion. But do NOT buy a home (and you should NOT have signed a contract) before getting a lawyer and dealing with divorce.

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Answered on 1/24/15, 10:40 am


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