house purchase during separation

[marisa]

I have been separated for two years in new jersey. I am no longer on the mortage for the home in which my husband and I lived in. I would now like to purchase a home for myself.
I am concerned that he could state some claim to the home somewhere down the road. Divorce is pending.

 

[dorenephilpot]

I'm from Indiana, so my answers will reflect Indiana law.

I'm not sure I understand your situation.

You were once a co-signer on the mortgage note with the bank but the loan has been refinanced in your husband's name?

Or are you saying you signed a quit-claim deed?

Is the home mortgage solely in his name now? Or does he own it free and clear?

I'm not understanding your concern about him making a claim on the house -- if your name is not on the mortgage or the deed......

 

[marisa]

My husband had refinanced the home we shared and its no longer in my name. My concern is with the home I wish to purchase now. If we are not legally divorced can he claim that the new home is also his.

 

[dorenephilpot]

Indiana law would find that technically, anything that is acquired during the marriage COULD be considered part of the marital pot. Say he wins the lottery right before the divorce is granted. You would be entitled to half of his lottery winnings. The same COULD be said for the home, though not necessarily.

Where did you get the funds to purchase the pre-divorce home? Did you alone inherit the money, for example?

I don't know enough about the circumstances yet to give you a definitive answer.

Would it be possible for you to get the divorce finalized through a settlement agreement and waiver of final hearing instead of waiting and waiting for a date for a final hearing. Then you can be free to buy your home, worry-free?

Please give me more info, and I might be able to give you a better answer....

 

[dorenephilpot]

And, with Indiana law in mind: You can also have a provision in your settlement agreement that the real and personal property of the parties have already been divided to everyone's satisfaction and that each will stake no further claim to anything in the other's possession from there forward. That's a paraphrasing of a pretty standard clause in agreements, so that should cover you (unless you fraudulently failed to disclose something like a huge Swiss Bank account acquired during the marriage and your ex feels swindled and tries to set aside the property settlement as unconscionable).

Have a great weekend!

 

[marisa]

Thanks for your reply! I learned a lot in just a few minutes. I just need to find out more about the laws here in New Jersey. I was told that after 18months of separation, he would no longer be able to claim anything that I purchased since we no longer were cohabitating.
Have a good weekend.