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Buying property while married/separated

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dny

Junior Member
What is the name of your state (only U.S. law)? NY

I know couple that been together for some time. They both have some real estate under their name which is no problem with spliting 50/50 in case of divoice. Seeing that things are not going in good direction and eventually they'll most likely proceed with divorce, what would be the best way to separate future assets? What i mean is that one of the spouses is thinking about buying another real estate property and doesn't not want the other to be entitled to it when the divorce happens. She is fine with splitting past assets. We contacted the lawyer and he wrote up an agreement where the other spouse is not entitled to the future property. The problem is that the other spouse doesn't want to sign it and tries to make it hard for the partner. Is there any workaround for that, so the spouse can go ahead and buy the property without worries that in near future the other can come after the new property (to which he won't be contributing at all) and demand his share? If not can the loan be taken out under the spouses name and paid with the house belonging to one of the children?

Thanks for any input in advance.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY

I know couple that been together for some time. They both have some real estate under their name which is no problem with spliting 50/50 in case of divoice. Seeing that things are not going in good direction and eventually they'll most likely proceed with divorce, what would be the best way to separate future assets? What i mean is that one of the spouses is thinking about buying another real estate property and doesn't not want the other to be entitled to it when the divorce happens. She is fine with splitting past assets. We contacted the lawyer and he wrote up an agreement where the other spouse is not entitled to the future property. The problem is that the other spouse doesn't want to sign it and tries to make it hard for the partner. Is there any workaround for that, so the spouse can go ahead and buy the property without worries that in near future the other can come after the new property (to which he won't be contributing at all) and demand his share? If not can the loan be taken out under the spouses name and paid with the house belonging to one of the children?

Thanks for any input in advance.
If they legally separate, that should take care of financial separation as well. Otherwise, I honestly do not recommend buying property until she is either legally separated or divorced.
 

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