If I buy a house by myself without any help from my husband, does he will have rights half of it if we divorce?

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If I buy a house by myself without any help from my husband, does he will have rights half of it if we divorce?

I have a really bad relationship with my husband for a long time I think we will divorce in future. We live separately now. We both do not have a house but I am planning on buying one. 

Asked on January 29, 2012 under Family Law, Alaska

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state such as CA, community property is property acquired during marriage.  Community property 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 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 when you buy a house, the house will be your separate property and your spouse will have no claim to the house.

If you don't live in a community property state, other rules may be applicable.


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