We’re legally married but haven’t even seen each other in 4-5 years and I want to buy with someone else.

DON’T DO IT! That is unless your spouse signs a quit claim deed and a document that expressly declares that he has transmuted his community property interest in the new house to you. Your interest in the house you buy with someone else could be considered community property. However, if you can make the purchase entirely with separate property funds and can prove it, your interest in the new property will remain your separate property. The best policy in this situation, however, is to file for divorce or legal separation prior to the purchase, which would establish a date of separation.

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Category: Love and Real Estate

← We’re legally married but haven’t even seen each other in 4-5 years and I want to buy with someone else.