What to do if I’m purchasing a house prior to my divorce being finalized?
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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 12 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.
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