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Divorce/property division

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michele1367

Junior Member
New York state: My boyfriend and I want to buy a home together. The problem is, he is still legally married.They have lived apart for over 15 years, neither ever filed for separation or divorce, mostly due to the cost, also partly because neither ever considered wanting to remarry and definitely due to lack of foresight. Not sure if it matters, but she cheated on him and got pregnant. Now he and I want to buy a home. I'm not even sure he can get a divorce now because she has mental issues and may not be considered "of sound mind". So, my questions are: 1)if we bought a house in both of our names and then at some point he gets a divorce, would our home be considered marital property in the divorce even though she would not have had anything invested in it? And, 2) if there is no divorce and her mental and/or physical health at some point requires her to be put in a long term care facility, would our home be at risk to cover her medical bills? Someone told him he would be held responsible for her financially in such an instance, same person who told him he may not be able to get divorced, not a lawyer.
 


Zigner

Senior Member, Non-Attorney
New York state: My boyfriend and I want to buy a home together. The problem is, he is still legally married.They have lived apart for over 15 years, neither ever filed for separation or divorce, mostly due to the cost, also partly because neither ever considered wanting to remarry and definitely due to lack of foresight. Not sure if it matters, but she cheated on him and got pregnant. Now he and I want to buy a home. I'm not even sure he can get a divorce now because she has mental issues and may not be considered "of sound mind". So, my questions are: 1)if we bought a house in both of our names and then at some point he gets a divorce, would our home be considered marital property in the divorce even though she would not have had anything invested in it? And, 2) if there is no divorce and her mental and/or physical health at some point requires her to be put in a long term care facility, would our home be at risk to cover her medical bills? Someone told him he would be held responsible for her financially in such an instance, same person who told him he may not be able to get divorced, not a lawyer.
Before you consider, even for a microsecond, purchasing a home with this guy, make sure he gets his own house in order. He needs to get divorced before you make a commitment such as this. It has been said that purchasing a home in the way you propose is a tougher deal to get out of than even a marriage.
 

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