Can I purchase a home during a divorce if its agreed upon as sperate property?

UPDATED: May 13, 2009

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Can I purchase a home during a divorce if its agreed upon as sperate property?

My wife and I will soon be getting a divorce. Nothing has been filed yet and everything will be agreed upon for the divorce. Is it possible to buy a home before the divorce is final and just have it in my name and as property that can’t be seperated in the divorce if its agreed upon?

Asked on May 13, 2009 under Family Law, Missouri


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Usually, in most states, upon legal separation or actions that if filed in court would constitute legal separation (i.e., living apart separate lives with no chance of reconciling) then it may not be a problem. 

However, don't assume amicable divorces will stay amicable when the other party finds out.  Why? Because of the following: how did you come about purchasing or planning to purchase? With any monies made during the marriage, before separation? Any marital assets used to purchase?


See, at first it may seem to be a pretty clean transaction -- when you look at the source, it actually may not be.  So, if you don't have a lawyer, and your wife wants to cooperate, contact a lawyer to help draft an agreement regarding this purchase. Try

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 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.

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