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To buy or not to buy

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RYCH2009

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

I'm legally separated and would like to buy property. If i do is my soon to be ex entitled to any part of my purchase?
 


Bali Hai

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

I'm legally separated and would like to buy property. If i do is my soon to be ex entitled to any part of my purchase?
The simple answer is NO.

If you are the wife the answer is absolutely NO.

If you are the husband, MAYBE.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? New York

I'm legally separated and would like to buy property. If i do is my soon to be ex entitled to any part of my purchase?
What does the LEGAL SEPARATION order state?
 

mistoffolees

Senior Member
What does the LEGAL SEPARATION order state?
Also, what is the source of funds you plan to use? Is it anything that your ex could claim ownership of or is it truly separate (such as funds defined as your property in your legal separation papers)?
 

Ohiogal

Queen Bee
And if there is NO LEGAL SEPARATION ORDER, then if you buy the property it is marital property if you use income and NOT separate funds like an inheritance.
 

Bali Hai

Senior Member
And if there is NO LEGAL SEPARATION ORDER, then if you buy the property it is marital property if you use income and NOT separate funds like an inheritance.
OG rules correctly as expected, additionally if there is a divorce action filed, buy all the property you like and keep track of purchases AFTER the TIME of COMMENCEMENT of the ACTION. Money earned after aforesaid is YOURS!!
 

mistoffolees

Senior Member
OG rules correctly as expected, additionally if there is a divorce action filed, buy all the property you like and keep track of purchases AFTER the TIME of COMMENCEMENT of the ACTION. Money earned after aforesaid is YOURS!!
Yes, money earned after date of filing is yours. But property purchased after date of filing is yours only if you use separate funds. If you use marital funds to buy property, it is subject to division.
 

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