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Divorce

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wendy2go

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

If I buy property before my divorce is final does my ex have any rights?What is the name of your state (only U.S. law)?
 


LdiJ

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

If I buy property before my divorce is final does my ex have any rights?What is the name of your state (only U.S. law)?
It really depends on how far along you are in your divorce. If the property settlement is already completely finalized, then its unlikely to be much of a problem. If it is not, then it would not be a good idea.
 

mistoffolees

Senior Member
It really depends on how far along you are in your divorce. If the property settlement is already completely finalized, then its unlikely to be much of a problem. If it is not, then it would not be a good idea.
Where 'completely finalized' means 'signed off by the judge in a final order', I would agree. Or, if OP's attorney is comfortable that they have a fully detailed agreement signed, notarized, and agreed to by all sides - and believes that this would be binding in that state.

In my case, my ex and I had an agreement that she would keep the house and I would find somewhere else to live. That was the discussion all the way through the process. Then, we got to mediation to settle all the 'other' issues. We had 90% of the issues resolved and then got to determining the marital value of home equity. She panicked when she learned how much she'd have to pay and backed out - so I ended up stuck with the house. If I had bought property before then, I'd be in trouble.

Frankly, even in the best of circumstances there's some risk until the decree is final. I made sure I was renting - and was glad I did.
 

kimberlywrites

Senior Member
I lived through this exact same situation in Texas. Bought a house before the divorce was final. The only time it became an issue was when I actually sold the house. Although we were divorced by then, we were still married when I bought it, so when I sold it, he had to sign a document saying he didn't want any of it (basically). Fortunately he agreed to sign. So yes, it's risky.
 

Bali Hai

Senior Member
Where 'completely finalized' means 'signed off by the judge in a final order', I would agree. Or, if OP's attorney is comfortable that they have a fully detailed agreement signed, notarized, and agreed to by all sides - and believes that this would be binding in that state.

In my case, my ex and I had an agreement that she would keep the house and I would find somewhere else to live. That was the discussion all the way through the process. Then, we got to mediation to settle all the 'other' issues. We had 90% of the issues resolved and then got to determining the marital value of home equity. She panicked when she learned how much she'd have to pay and backed out - so I ended up stuck with the house. If I had bought property before then, I'd be in trouble.

Frankly, even in the best of circumstances there's some risk until the decree is final. I made sure I was renting - and was glad I did.
Hell, I bought a boat during my divorce with MY money. The date the divorce action is filed is when the value of property, bank accounts, etc. gets split.

The money I earned AFTER the filing (time of commencement of the action) is what I bought the boat with.

With all the saber rattling the ex and her dumb lawyer did about that, NOTHING came of it.
 

mistoffolees

Senior Member
Hell, I bought a boat during my divorce with MY money. The date the divorce action is filed is when the value of property, bank accounts, etc. gets split.

The money I earned AFTER the filing (time of commencement of the action) is what I bought the boat with.

With all the saber rattling the ex and her dumb lawyer did about that, NOTHING came of it.
Has anyone explained to you that buying real estate is different than buying a boat?
 

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