I have enough cash to purchase a home. The amount of money is half of our cash balance as I understand the 50/50 division of assets. I don’t want to miss this opportunity. I am currently still in the home and want to move out and into this home to cause as minimal disruption to my children’s lives. I am a SAHM so i would pay cash as i can not get a mortgage and he refuses to have his name on my mortgage How do I proceed?
You can buy the house if you have a free trader agreement- please be aware though that the funds you use would count against you in the eventual equitable distribution. You are buying the home separately but with marital assets, so it will still be subject to ED.
Is my spouse required to sign the agreement, what happens if he refuses?
You do need a Free Trader agreement if you are purchasing the property prior to divorce, the reason being is that your spouse has certain inchoate rights (which arise in the event of your death) as a result of still being your spouse, separated or not. If he refuses to sign a Free Trade Agreement, you may seek a Divorce From Bed and Board, this is a judicially ordered separation and cuts off those estate rights.