Property Purchase - spousal claim or not

[ailema]

undefinedWhat is the name of your state
Pennsylvania

My husband and I have agreed to divorce. I am in the process of purchasing a home, settlement is in the next two weeks. I am purchasing the property in my name with my funds. Does he have claim to the property since we are not divorced yet and legal paperwork has not been filed to do so? Also, by filing legal paperwork to divorce or separate before settlement date, does that nullify any claim he may try to have to the property. HELP, need to know ASAP!!!

Thanks,.

 

[Bali Hai]

undefinedWhat is the name of your state
Pennsylvania

My husband and I have agreed to divorce. I am in the process of purchasing a home, settlement is in the next two weeks. I am purchasing the property in my name with my funds.

Your LEGAL SEPERATE property funds??

Does he have claim to the property since we are not divorced yet and legal paperwork has not been filed to do so?

He may have if you're using part of his money to buy it.

Also, by filing legal paperwork to divorce or separate before settlement date, does that nullify any claim he may try to have to the property.

NO.

HELP, need to know ASAP!!!

Thanks,.

Do you have a lawyer??

 

[Ohiogal]

Actually anything bought during a marriage is marital property including homes that may be bought in only one name -- unless it was bought with funds she personally inherited. Her husband would have dower rights if the state has dower. And he would be entitled to half the equity.
Now whether a judge would award him that is another story. Depends on how much equity is in the house.
She definitely needs a lawyer though.

 

[Bali Hai]

Actually anything bought during a marriage is marital property including homes that may be bought in only one name -- unless it was bought with funds she personally inherited. Her husband would have dower rights if the state has dower. And he would be entitled to half the equity.
Now whether a judge would award him that is another story. Depends on how much equity is in the house.
She definitely needs a lawyer though.

Good point.

 

[LdiJ]

Actually anything bought during a marriage is marital property including homes that may be bought in only one name -- unless it was bought with funds she personally inherited. Her husband would have dower rights if the state has dower. And he would be entitled to half the equity.
Now whether a judge would award him that is another story. Depends on how much equity is in the house.
She definitely needs a lawyer though.

Well...unless she puts down a very substantial down payment, there isn't going to BE any equity in the home, therefore there would be nothing for him to get. A home purchase usually starts out slightly upside down.

If she is putting down a larger than normal down payment, then it would depend on whether or not that down payment is coming from marital or separate property.

I echo the fact that she needs an attorney.