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    uglibetiam's Avatar
    uglibetiam Posts: 3, Reputation: 1
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    #1

    Nov 29, 2010, 04:26 PM
    I want to buy a house without my spouse owning it.
    I am married, but separated and intend to get a divorce. We have not filed any paperwork. I want to buy a house by myself and do not want my spouse to have any rights to the house. If he signs a quit claim deed, do we need to be legally separated or divorced in order for that to happen?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Nov 29, 2010, 05:48 PM

    Depends on what state you are in for starters.

    You don't have to be legally separated or divorced for him to sign a Quit Claim Deed.

    If you are in a community property state if you buy the house while still married to him he can claim his share of the home.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 29, 2010, 08:15 PM

    I would file the paper work before I bought any property,
    But this will depend greatly on where you live.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 30, 2010, 06:58 AM

    Hello u:

    If you buy this house with community money, he's going to own half, period, no matter WHERE you live. IF you had your own money prior to getting married, and you used THAT money, he won't own a board.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Nov 30, 2010, 08:01 AM
    Quote Originally Posted by uglibetiam View Post
    ... If he signs a quit claim deed, do we need to be legally separated or divorced in order for that to happen?
    A quit claim deed executed before you bought the house wouldn't do any good because, at that time, he wouldn't have any claim to give up. After you buy it, if you can trust him to sign it then, it might be vulnerable because normally in a divorce the parties respective properties are equitably divided depending on a number of factors, the least of which would be who is legally on the title to what. For example, if a home is titled in a husband's name, it could still be awarded to the wife, and vice versa.

    The best way to approach this would be a separation agreement reciting and agreeing that the house will be yours separately and will not be considered in the divorce. Get an attorney to help you with this.
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