My soon-to-be ex-spouse purchased a house without my knowledge. Is it protected, or do I have to claim it in the divorce, along with the marital home?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general tips in divorce.
That depends heavily on how they purchased the property. As an attorney licensed in Ohio, I can say that here, it would be marital unless they can prove it is separate property. Our laws would call that separate property if they used inheritance or premarital funds for that purchase.
Moreover, you may have even more arguments for the property to be considered marital if they were using her regular paychecks to pay the mortgage while you were still married. Each state has different rules on marital property so in order to fully understand your options, you should meet with an attorney in your jurisdiction to discuss the same.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.