I am legally separated and our home was sold and the profits split equally. Can I re-invest my share of the profit in another home before the divorce is final? Can my wife take the new house IF I purchase before the divorce is final?
If you have a separation agreement that states that the proceeds from the sale of the house are your sole and separate property and your wife waives any and all interest and claim she may have to them, then you may be able to purchase another house before the absolute divorce is entered. Your wife would not have a claim to the newly purchased house if your separation agreement also states that any property acquired after the execution of the separation agreement is to be your sole and separate property and that claims for equitable distribution are waived.
If you do not have a separation agreement or your separation agreement does not state these things, then your wife could have a claim in a newly purchased house because you would be using marital funds to purchase the house.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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That is very helpful! Thank you so much for your time!!
Best regards,
Mike