Buy A House

Most often if one spouse owned the house before the marriage, the other spouse will only be entitled to half the increase of the value of the property.

The legal term for your family’s house is “matrimonial home.” You can also learn about real estate.

The courts will often look at how long the couple has been married to determine how much one spouse has to pay another spouse during the divorce. The legal term of this is an “equalization payment.” As the term implies, the point of the equalization payment is the make both parties equal, or to put them in a similar position.

As you can see from this article, there is a lot of uncertainty around family law. That is why it is always best to consult a family lawyer if you have family law questions.

Here are a few common questions that our family lawyers get asked about buying property after separation.

• Will my ex-spouse and I divide all of our assets equally?
• How can I purchase a new property or a car without allowing my ex-spouse to get ownership of it?

Not all property is divided during a divorce. The only property that is divided is the family home and assets.

These can include many things but the most common are:

• Land
• Building
• Houses
• Condos
• Cars
• Boats
• Cash
• Joint owned insurance policies
• Air Miles that both spouses contributed to
• Anything that you used a home equality loan from the family home to buy

Buying Property After Separation

If you want to make a purchase during the divorce process, it is critical that you use the money you earned after separation to purchase it. Do not use money that in any way ties into the family home or other assets. If your ex-spouse can prove that your purchase in some way ties into the family assets, they may be successful in establishing a claim against you.

Some family lawyers might suggest that you wait at least a year before making the purchase. Other family lawyers might be even more strict and will want your divorce to be finalized before you make any large purchases.

Read more: Your Spouse is Cheating on You, Now What?

It is best to book a consultation with a family lawyer to discuss the specific circumstances in your life.

Even if you are self-represented, you should speak to a family law firm that offers legal coaching. The family law court system can be very confusing, especially when it comes to family law terms. It can be helpful to have a family lawyer part-time to help explain the system and terms. We are flexible about your family law needs.

Do you have questions about family law, divorce, child custody, family mediation, family arbitration? What about spousal support, child support, or immigration? Please call our family law help group toll free at 844-466-6529.

You can also book a meeting with one of our family lawyers 24/7 using the “book consultation” button.

Buying Property While Separated

If you have questions about buying property while separated, you can reach us via the live chat function in the bottom right of the screen. It can get extremely complicated, and it’s worth spending some money on a lawyer to avoid your ex making a claim on your new property.

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Buying Property While Separated FAQ