Home Purchase

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I currently own a home and in the midst of a divorce. I left my wife in the marital home when i filed for the divorce.

My parents are purchasing a home as a second residence and vacation home, which i will also live in.

As they are the buyer and owner, can my wife ever make any such attachments or claims if my parents give it or sell it to me after my divorce is final.

Thank you.

Comments(2)

  • myfrogger14th October, 2004

    I'm not an attorney but my layman opinion is NO.

    Basically you moved out of your marital home when you divorced your wife and moved into your parents home. Once the divorce is final, anything you buy shouldn't be property of your ex.

    Even if there is a gift of equity (selling below market), I don't think that should be an issue.

    The only time I have ever seen it come up later after the divorce is final is if assets were hidden/concealed during the trial.

    GOOD LUCK

  • JohnMerchant14th October, 2004

    Yes, does sound like the divorce J alone might not totally acquit you of all future responsibility.

    She could make a post J claim against you anytime for anything owed by you for child support or any post-J payout you'd agreed to, or been ordered to pay as part of that divorce J.

    Then if she got new court order making you pay something, she could go attach any property interest you had anywhere, subject to homestead rules of that jurisdiction (state).

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