Buying after seperation


#1

Husband at fault moves out into girlfriends home. Husband wants to buy a home before being divorced. Can wife claim half of it?


#2

No, it would be his separate property. Although, if he uses marital funds he could owe her the funds. Additionally if his name is on the mortgage for the marital home it can be difficult to get another mortgage on another home.

Most incurred debt and gained wealth after the date of separation is separate property.

After date of separation he could win the lottery and buy a new car and she wouldn’t be entitled to any of it.


#3

The new home will be husband’s separate property, you will not be entitled to be half, but you will have a martial interest in the property in the sense that he will not own it free and clear unless.