If I’m buying a house after the seperation papers are signed, does my spouse have rights to the home?
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If I’m buying a house after the seperation papers are signed, does my spouse have rights to the home?
Asked on July 24, 2012 under Family Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you live in a community property state, community property is property acquired during marriage. Community property also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
If you are separated with no intent to reunite, property acquired would be your separate property and your spouse would have no claim to your separate property. If you purchase the house after separation with no intent to reunite, the house is your separate property and your former spouse has no claim.
If you don't live in a community property state, other rules may be applicable.
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