Buying a house before divorce

[MommaTay]

What is the name of your state (only U.S. law)? Texas.

My SO and his "wife" have have been estranged for almost 5 years. We have been together for 3.5. Long story as to why they are not divorced yet. He can't get ahead money wise, she's doesn't think she should have to pay for it. Blahblah, both are whatever. We are looking into buying a house next year. If we buy a house while he's still "married" but have both of our names on it, would he still have to have sell the house and give her half? Even though both his and my names are on it?

We're aiming for the divorce to be done this year, but just figured I'd ask out of curiosity.

 

[stealth2]

What is the name of your state (only U.S. law)? Texas.

My SO and his "wife" have have been estranged for almost 5 years. We have been together for 3.5. Long story as to why they are not divorced yet. He can't get ahead money wise, she's doesn't think she should have to pay for it. Blahblah, both are whatever. We are looking into buying a house next year. If we buy a house while he's still "married" but have both of our names on it, would he still have to have sell the house and give her half? Even though both his and my names are on it?

We're aiming for the divorce to be done this year, but just figured I'd ask out of curiosity.

Best to close one door before opening another. Seriously - why complicate matters?

 

[MommaTay]

Best to close one door before opening another. Seriously - why complicate matters?

Thats what we're aiming for. I was just curious. Lol.

 

[Silverplum]

What is the name of your state (only U.S. law)? Texas.

My SO and his "wife" have have been estranged for almost 5 years. We have been together for 3.5. Long story as to why they are not divorced yet. He can't get ahead money wise, she's doesn't think she should have to pay for it. Blahblah, both are whatever. We are looking into buying a house next year. If we buy a house while he's still "married" but have both of our names on it, would he still have to have sell the house and give her half? Even though both his and my names are on it?

We're aiming for the divorce to be done this year, but just figured I'd ask out of curiosity.

No need for quotation marks: she is his wife.

Look up marital assets in TX.

 

[MommaTay]

No need for quotation marks: she is his wife.

Look up marital assets in TX.

Thank you, I shall look that up. I quote it because it feels ridiculous to call her that. I sound like the awful "other woman" myself until someone knows a few details. I'd have no problem saying wife if she had ever acted like one.

 

[Zigner]

Thank you, I shall look that up. I quote it because it feels ridiculous to call her that. I sound like the awful "other woman" myself until someone knows a few details. I'd have no problem saying wife if she had ever acted like one.

She's his WIFE by virtue of the fact that they are MARRIED.

 

[MommaTay]

She's his WIFE by virtue of the fact that they are MARRIED.

Very true. Haha. Thank you everyone. Like I said, goal is for him to be divorced by the time we start the process of buying a house. I refuse to have the house only in my name, in case things go south job wise and we lose it. So far, both vehicles are in my name, and will be until he is divorced. But both are owned, no car payments. So I'm hoping this crap isn't too hard. Can't wait for it to be over.

 

[Silverplum]

She's his WIFE by virtue of the fact that they are MARRIED.

What with this being a legal site, and all.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas.

My SO and his "wife" have have been estranged for almost 5 years. We have been together for 3.5. Long story as to why they are not divorced yet. He can't get ahead money wise, she's doesn't think she should have to pay for it. Blahblah, both are whatever. We are looking into buying a house next year. If we buy a house while he's still "married" but have both of our names on it, would he still have to have sell the house and give her half? Even though both his and my names are on it?

We're aiming for the divorce to be done this year, but just figured I'd ask out of curiosity.

Buying a house with someone when you are not married to them is always a dangerous thing to do. When you are married, there are laws that assist with splitting property as part of a divorce. Those laws do not exist for you when you are not married. So, if you happen to break up after a few years of ownership, and have little to no equity in the house, it may be impossible to sell it without losing money. Or, in the alternative, if one of you keeps the home it may be difficult or impossible to refinance it into just that person's name, and then the other person's credit is tied up for many years.

Even if you have equity and file a partition suit to force the sale of the house, the legal fees for that are very expensive, and could wipe out any equity in the home.

So all of that is problem number one.

Then you have problem number two...

Texas is a community property state, and therefore spouses are equally owners of any property purchased during their marriage (and yes that still counts when they are separated). So, she could lay a claim to 25% of any house you buy with him prior to his divorce. Granted if you don't put down a significant down payment the home may have no equity and therefore nothing she could actually claim, but it still could be a mess and complicate his divorce.

Therefore, you should not only wait until he is divorced to buy a house, but you should seriously consider also waiting until you and he actually marry.