Can a married woman buy a house without having her husband’s name on it?

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Can a married woman buy a house without having her husband’s name on it?

Asked on February 5, 2012 under Real Estate Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First there is a general rule that says that assets purchased during a marriage are assumed to be marital assets. That is because generallymarital funds are used (money earned during a marriage is marital money). Now, that is a presumption that can be rebutted. Say that the woman purchased the house with funds that she inherited that has never been co-mingled. Then the house would not be purchased with marital funds.  Or money saved prior to marriage that was never co-mingeld. Or sale of stock that was kept separate. So the particular facts matter here.  Good luck. 


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