Buying a House While Legally Separated
I would like to buy a house here in Hawaii but am not divorced yet, only separated currently. My girlfriend gives birth in 10 more weeks and I'd like to get a house for us that we don't have to rent. I was legally separated in Nebraska in December of 2015 and my spouse and I both moved back to Hawaii with our 2 minor children in Jan 2016. In April 2016, she left to go back to Nebraska and remains there. I now have temporary full legal and physical custody of the 2 kids, (ages 6 & 4) when I filed for divorce here in Hawaii in July 2016. In the decree both children are require to go to school in the state of Hawaii until they are adults. My soon to be ex-wife and I own no property at all. In my separation decree, which is on record in both Nebraska and Hawaii courts it states:
Other Property: The husband and wife agree that except as specifically provided in this Decree of Legal Separation, all property of any kind hereafter acquired by the husband or by the wife and all income and earnings of either of them shall constitute and be the sole and separate property of the person by whom the said property is acquired or earned. All property pf any kind heretofore acquired and owned by the husband or wife shall remain the property of such person except as specifically provided in this decree of separation.
Then it goes on to say:
Mutual Releases: In consideration of the provisions of this Decree, the husband and wife release one another as follows:
The wife will and does accept the benefits of this Decree in full and complete satisfaction of allowances, financial claims, monetary demands, property claims and rights, and support money of every character, kind, or nature whatsoever which she has or may acquire as the wife or widow of the husband, or in the event of his death as an heir at law or surviving spouse of the husband or otherwise; and the wife will and does relinquish and waive all future, present, or other interests in the property of the husband except under the provisions of this Decree.
Will the house I put in an offer for be up for grabs in the divorce proceedings that will happen within the next few months? I still have a little over a week to get out of the house purchase if I needed to, but would prefer not to.
Re: Buying a House While Legally Separated
Your separation agreement looks enforceable to me.
BUT, I strongly urge you to have an attorney review it and give you a written opinion as to its enforceability.
If you have to pay a few hundred for that service, it will be a fraction of what you will spend or lose if something goes wrong.
Re: Buying a House While Legally Separated
My Hawaii lawyer told me not to but my Nebraska lawyer told me I should be ok..... I'm so stressed out!
Re: Buying a House While Legally Separated
Find a new Hawaii lawyer. Once you file for divorce, the clock stops on marital debts and assets. Your agreement even says that.
Re: Buying a House While Legally Separated
You'd also best check whatever banks you're thinking of borrowing from. A unfinished divorce can have nasty effects on your ability to get loans (believe me, been there with my wife and her "ex").