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  #1  
Old 05-01-2009, 11:08 AM
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Home purchase while Separated; Maryland

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

Is it possible to puchase a home while separated and the home not be considered "marital property"?
Also, spouse refused to sign the separation ageement. I've been moved out for 7 months now.
Thank you.
  #2  
Old 05-01-2009, 11:15 AM
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Quote:
Originally Posted by 2chuckii View Post
What is the name of your state (only U.S. law)? Maryland

Is it possible to puchase a home while separated and the home not be considered "marital property"?
Also, spouse refused to sign the separation ageement. I've been moved out for 7 months now.
Thank you.
You are still married. IF you purchased the home with completely separate monies (an inheritance of yours for instance) then it would be separate property. However if you purchase it with your income it is marital property barring a pre-nup.

And the spouse doesn't EVER have to sign a separation agreement.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

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  #3  
Old 05-01-2009, 01:03 PM
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Quote:
Originally Posted by 2chuckii View Post
What is the name of your state (only U.S. law)? Maryland

Is it possible to puchase a home while separated and the home not be considered "marital property"?
Also, spouse refused to sign the separation ageement. I've been moved out for 7 months now.
Thank you.
If she refuses to sign it, then you have no agreement.

Bad idea to buy real estate in that scenario.
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  #4  
Old 05-01-2009, 06:24 PM
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Originally Posted by LdiJ View Post
If she refuses to sign it, then you have no agreement.

Bad idea to buy real estate in that scenario.
OP could see if he can get a lease with the option to buy if it's a house he really doesn't want to lose. Sellers are pretty desperate right now.
  #5  
Old 05-01-2009, 08:58 PM
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Originally Posted by mistoffolees View Post
OP could see if he can get a lease with the option to buy if it's a house he really doesn't want to lose. Sellers are pretty desperate right now.
He could...but he could also be looking for that first time homebuyer credit...if so, that wouldn't suit his purposes. If not, assuming that the seller has no issues requiring an immediate sale, your idea could be an excellent solution.
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  #6  
Old 05-01-2009, 10:53 PM
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Originally Posted by LdiJ View Post
He could...but he could also be looking for that first time homebuyer credit...if so, that wouldn't suit his purposes. If not, assuming that the seller has no issues requiring an immediate sale, your idea could be an excellent solution.
Most lease/purchase deals provide for some portion of the rent to be applied toward the downpayment. That might help make up for the loss of the homebuyer credit.
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