How to Buy a House While Getting Divorced

When you buy a house while in the process of getting divorced, it is considered, in most states, marital property. If you live in a state that recognizes legal separation, you filed a petition for separation, and that petition has been granted, the home purchased during the process of the divorce may be considered non-marital property. That depends on the state and the wording of the separation. If the home is considered marital property, your spouse may be entitled to a portion of the home.

Difficulty: Moderately Challenging

Instructions

States with Legal Separation:

1. Check the state laws regarding separation. If your state recognizes legal separation, contact an attorney to help you draft a petition for separation.

2. Advise the attorney that you will be purchasing a home during the divorce process. Ask the attorney to word the separation agreement so that the new house is considered non-marital property, and that your spouse has no legal interest in the house.

3. Sign and file the legal separation documents. Once the petition is granted, complete the purchase of the home.

States That Do Not Recognize Legal Separation:

4. Contact your spouse and advise her that you would like to purchase a house. Ask your spouse if she will sign an agreement stating that she has no legal interest in the house.

5. Draft a settlement agreement stating the location of the house, address, city and state. Specify where the money will come from for the purchase of the house. Make sure it is not from any joint account or from any account that is considered marital property.

6. Meet with your spouse in front of a notary. Both parties sign and notarize the agreement, which must be notarized.

7. File the original agreement with the clerk of court in your family law case. Make sure both you and your spouse have a copy of the signed agreement. Once the agreement is signed and filed, complete the purchase of the house.

Tips & Warnings

• If at all possible, have an attorney draft any agreements. If your spouse is agreeable to adding other issues at hand, such as sole and exclusive use of the marital home, custody issues or any other issues you can agree on, save yourself some money by having an attorney draft the agreement with all of the issues you agree on. If you agree on every single issue, including child support, you may have just settled your divorce and avoided litigation.