If I’m getting a divorce and purchased a house while still married but separated, can my spouse claim the house?
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If I’m getting a divorce and purchased a house while still married but separated, can my spouse claim the house?
Asked on July 26, 2012 under Family Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 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 therefore the house that you purchase would be your separate property and your spouse would not have any claim to your separate property.
If you do not live in a community property state, other rules may be applicable.
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