I did my ED last year, and my STBX has moved back home. I didnt do the divorce yet so she could continue to receive medical while she gets on her feet. I have since started house shopping, and I dont want to get screwed by paying her for half of the house I am buying soon. Like I said before, the ED has been resolved by the judge already, so can she come after me for half of my new house, and if she were to try would I stand a chance. I have custody of all the kids, and she doesnt pay support, or the money the judge ordered her to pay in the ED case. We were seperated 1 Apr 2007.
If you have resumed the martial relationship (living together) and are still legally married, any property you buy will be marital property. Further, you will now have to re-start the clock on the date of separation.
I have not resumed any marital relationship. She moved back to Washington state, not back in with me.
Ok, sorry I misunderstood, when you said “moved back home.” Given the fact that you are still married, despite ED being done, you should protect yourself and your new asset by having your spouse sign what is called a Free Trade Agreement. This will prevent any inchoate rights she has by way of being legally married to you from attaching to the new property.