If I am going through a divorce and want to buy a house out of state, can I buy one in my name only?

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If I am going through a divorce and want to buy a house out of state, can I buy one in my name only?

Asked on June 8, 2012 under Real Estate Law, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

It depends on when the house is purchased adn the stage of the proceedings.  Generally speaking, once a divorce is filed the courts consider anything earned or purchased thereafter (with some exception) to be separate property.  So theoretically yes, you could. But if you purchased it with say a bonus you earned during the marriage I would caution you that the bonus was marital property.  Talk to your attorney.  Good luck.


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