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I heard from a divorce attorney that it is possible to buy a house before filing for divorce, and that as long as the spouse bought the house in their own name with their own money, there shouldn't be an issue when the divorce has been filed/finalized/etc.
I say that sounds crazy -- I have read over and over that ANY assets acquired during marriage (before divorce) -- especially property -- are owned by both spouses and each has a right to that asset during divorce negotiations. Most things I've read say wait until a divorce is final before buying a house.
The problem is due to circumstances beyond anyone's control, the purchase of the house may need to happen before filing for divorce.
State laws can affect things that are acquired while married, including such details as if it is a community-property state or not, how the property is titled or in trust, etc. Take to a knowledgeable attorney for your state, and ask the source of their advice (state statute, etc).
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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CA is a community property state. Is Alabama? Can't say. If you got that advice from an Alabama attorney, I'd suggest that it's way better than anyone else around here is going to give you.
I have read over and over that ANY assets acquired during marriage (before divorce) -- especially property -- are owned by both spouses
This definitely varies from state to state.
IANAL, but I would think you could have a lawyer draw up an agreement that both spouses sign, prior to purchase or at closing, stating that in the event of divorce this house will go to XX and will not be counted as part of the couple's assets.
I would have this document looked over by a divorce attorney and a real estate attorney before signing.
Time for that call to an attorney. Let us know what they say.
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Divorce is a very emotional event
