What to do if I’m purchasing a house prior to my divorce being finalized?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I’m purchasing a house prior to my divorce being finalized?

I recently moved out of my home and separated from my wife. I am going to purchace a new home prior to our divorce. What do I need to do to make sure she isn’t entitled to anything with my new home and will be uncooperative? Also, I signed a quit claim deed for our home. Am I legally obligated to pay taxes for the entire year or just the portion I lived there or not at all?

Asked on January 20, 2012 under Family Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state such as CA, community property is property acquired during marriage.  This also applies to 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.  This also applies to income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

If you and your wife are separated with no intent to reunite, property you acquire is your separate property. Your income after being separated with no intent to reunite is your separate property.  If you purchase a house when you are separated with no intent to reunite, the house is your separate property and your ex-wife has no claim to your separate property.  If you don't live in a community property state, other rules may be applicable.

When you signed the quitclaim deed and had it recorded (filed with the County Recorder's Office), you relinquished your right to the property.  Since you are no longer an owner of the property, you do not owe taxes on the property after the effective date of the quitclaim deed.  Prior to the effective date of the quitclaim deed, you do owe taxes.  You would only owe taxes on the house for that part of the year prior to the effective date of the quitclaim deed when you were still the owner of the property.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption