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  1. #1
    Join Date
    Nov 2017
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    4

    Question What Happens if You Purchase a Home Before Your Divorce is Complete

    My question involves a marriage in the state of: Illinois

    My soon to be ex (N) moved out of state across the country a few months ago to get back with her ex. We currently own a home together, which is under contract and were closing on in 3 days. The proceeds are being divided 50/50, so there are no questions there. We have not yet filed for divorce. From my point of view, the divorce will be uncontested, since we will no longer own any property together, have no joint accounts, credit cards or debt, and neither of us want any support since we both work and make around the same salary. She has a son who is 19 (previous marriage) and I have a daughter, so no visitation would be in the agreement.

    I am taking my portion of the proceeds and using it to buy a home for myself and my daughter. I haven't said anything to N about this purchase, but it is my understanding that because I am purchasing this home (in my name only) during the course of the marriage, that it is considered marital property. Is it possible that N could decide to stake a claim to 50% of this home's value as well, even though I used my half of the proceeds from the home sale to purchase it and she can use hers for whatever she wants to? What are the possible scenarios here?

    Sidenote... the lenders did not require a homestead agreement (or whatever that is), my attorney asked several times, so that was never an issue.

  2. #2
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: What Happens with a Home That I Purchase Myself Before a Divorce

    You should be consulting with a divorce attorney in your state.

    Generally, this new house would be considered marital property - it doesn't matter how it's titled. Sounds like you're setting yourself up for a big problem if you go ahead and buy it.

  3. #3
    Join Date
    Nov 2017
    Posts
    4

    Default Re: What Happens with a Home That I Purchase Myself Before a Divorce

    Even if she doesn't want it and lives in a different state? What about the motor home she is planning on buying with her proceeds? Would that be mine also?

    My closing for the purchase is set for Nov. 6 and I'm under contract, so I cant back out (nor do I want to). Its the house next door, so my daughter gets to stay in the same school district and the move is very easy for everyone.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What Happens with a Home That I Purchase Myself Before a Divorce

    Quote Quoting glddstgpsy
    View Post
    Even if she doesn't want it and lives in a different state? What about the motor home she is planning on buying with her proceeds? Would that be mine also?

    My closing for the purchase is set for Nov. 6 and I'm under contract, so I cant back out (nor do I want to). Its the house next door, so my daughter gets to stay in the same school district and the move is very easy for everyone.
    Do talk to your attorney, but I think that its not likely to be a problem since you will be able to demonstrate that you used your half of the marital assets to make the purchase.

    Yes, technically she could attempt to claim half of your home and you could attempt to claim half of her new motorhome. However, unless both of you get really stupid, really fast, neither of you are going to do that, and in the end you will both be able to prove where the money came from to buy the separate assets.

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