Can you buy a housein your name onlybeforea divorce is final?
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Can you buy a housein your name onlybeforea divorce is final?
I just filed for a non-contested divorce. We filed ourselves. I found a house and I opened escrow. Will I have to wait until the divorce is final or can I go through with it? I am buying the house myself.
Asked on November 16, 2010 under Family Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unfortunately, if you live in Arizona, as your question implies, you can't do this. Arizona is "community property state," which means that ALL property acquired by either spouse during marriage is automatically "community property"--i.e property of the two spouses together. While you have filed for a divorce, untiil such time as the divorce is finalized, you are still married, so the house will belong to your soon-to-be-ex-wife as well, even if you using, for example, a loan from your family or a personal inheritance, and even if you title it in your name. You should probably try to rent until such time as the divorce is final, then look to purchase it after that time. Otherwise, it will become another asset to be divided equally during the divorce.
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