How is the purchase of real estate affected if an estranged spouse lives in a community property state?
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How is the purchase of real estate affected if an estranged spouse lives in a community property state?
A couple was married and had 2 sons. They began living separately 12 years ago but never legally separated or divorced. She moved to another state with the boys and he followed, living nearby. Later she moved to yet another state with the boys. He stayed behind and now shares a lease with his girlfriend of 4 years. He continues to contribute to their household expenses (like any divorced dad paying alimony and child support). Now his wife is buying a house on her own but the mortgage folks are trying to include him in her financial statements, citing his state’s community property law. Is this legally correct?
Asked on February 16, 2012 under Family Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The mortgage company is really protecting both you and their investment, so to speak, buy inisting that you be included. If there is no formal separation - like in writing - or filing for divorce then technically you are still married and the purchase is with joint funds. I think that this may be the time to remedy the situation between you. Good luck.
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