Real Estate and Seperation agreement question


#1

I have been legally seperated since June 2011 but without a signed seperation agreement and sold the marital home in Dec 2011. I would like to purchase a new home with my boyfriend. Can my SBTX make any claims against the newly purchased home when I file in June?
Thank you.


#2

not an attorney

If you use marital assets to purchase the new home (such as proceeds from the house that would be considered marital etc), then he would have a claim against the new house’s equity (e.g. if you used $40K of marital funds for downpayment, he would be entitled to $20K of the equity in the home). If you use funds that are sole and separate property, then he should have no claim against since it was purchased after the separation date and with separate funds.

Again, not an attorney…


#3

First, you need a Free Trader agreement, and second, any marital funds used to purchase the house would be subject to division and would have to be settled with other property.