Been separated for 3 years and havent got divorced yet my girlfriend and i have a baby together and want to buy a house October only in my name can my ex come after the house in the divorce?
If you buy a house, and you are still married, your wife would acquire dower rights, and you couldn't sell it unless she agreed to sign the deed to sell it. If there were a divorce, the court would determine if the house was your separate property, but it depends on all the facts of the situation. If you get divorced before buying the house, then she would not have any claim to it. Use the Find a Lawyer tab to retain a local divorce attorney to review the situation, explain your options, and represent you in the divorce.
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Your estranged spouse would have a legal interest in any home that you purchase while you are still married unless you can prove the home was purchased with your separate property. I recommend contacting a qualified domestic relations attorney who can explain the legal definition of separate property and provide you guidance on the next steps to take.
Have either you or your ex even filed the divorce petition? If you buy a house and you haven't filed a divorce, then your current wife will have a community property claim in whatever stake or ownership interest you have in the house. Best to get things cleared up.
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