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Sole Separate Property

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SorryCharlie

New member
What is the name of your state? Arizona

Sorry this is a little long...

My husband and I have been together 7 years and married almost 3. We purchased our first home in 2015 while we were still dating. His parents provided us a loan to assist with our down payment and we make monthly installments to them.

In 2018, we sold our home and used the proceeds to purchase a new house. We have been in this house a little over a year now.

My husband has never helped with bills, I always used my money for household bills and he paid for fun stuff and food. Nearly a year ago, he became distant and I had to pick up his slack as far as food goes and do nothing fun because I am living paycheck to paycheck.

He has told me he wants a divorce. He has agreed in writing I can have 60% of the proceeds of the sale of the house after debts are paid. At this time, no paperwork has been filed.

I am considering purchasing a town house for my daughter and myself to live as it is far cheaper than renting. The proceeds of the sale of the house will allow me to do this and put 20% down on the new home. He is willing to sign paperwork that it is my sole and separate property.

My question is when we divorce will the Courts see this as sole and separate property?

I don't seeing him trying to argue for it or anything because he wants to make sure me and our daughter have a place to call home but there's always the what if...

Or would it be better to wait until the divorce is finalized to purchase?
 


justalayman

Senior Member
If you purchased a home together, it cannot be sole and separate property. Whether you can treAt as if it was sole and separate property is based on whatever you can agree to. You can agree to a settlement regardless what a division by the courts treating it as community would be though. If you can agree to a settlement, a court would be remiss to alter it as long as both parties are in agreement with it. A divorce settlement doesn’t have to be what the law allows for if the parties agree to something else.

The possible problem I see is he could always argue he agreed to allow you the 60% of the proceeds of the home but state it was to be in exchange for something else you may not be willing to give up. Once you take the action of selling the home and purchasing a new one, you’re already stuck with those actions.

Since a divorce isn’t final until the court signs off on it, I wouldn’t put myself into a corner like you are considering.
 

FarmerJ

Senior Member
If you find a property that is for sale and you can see your self living there for a long time and the owner is willing to ( with your attorney drawing it up ) where you pay a set fee to gain the right to buy it with in X amount of time.
 

clarate

New member
Wait for the divorce to get over. If you are selling the house prior to divorce, your husband might want to claim more money from the proceeds.
 

quincy

Senior Member
I agree with the other members. It would be best for you to wait on a house purchase until after your divorce is final.


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