If my wife and her sister just purchased a house together but we are in the process of divorce, what are my legal rights to it?
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If my wife and her sister just purchased a house together but we are in the process of divorce, what are my legal rights to it?
Asked on December 14, 2012 under Family Law, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you live in a community property state, community property is property acquired during marriage. Community property also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Since you were in the process of divorce when your wife purchased the house with her sister, if you and your wife were separated with no intent to reunite, your wife's ownership interest in the house is her separate property, and you would not have any claim to the house because it is her separate property.
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