I'm in Dallas, TX. My wife and I are about to divorce. Should I move into a new home with my wife BEFORE divorce or after?
Will moving to a new home slow down or complicate the divorce process in any way ?
We're currently living in an apartment.
2 attorney answers
If the house was purchased during the marriage it is community property. Most of the time a new house does not have significant equity unless there is a large down payment. I would discuss the matter and see if an agreement can be reached to forgo the new house...why create a significant potential problem with who is obligated in regard to the payments on the house. If you want to keep the house and you can afford it independently, then try to reach an agreement on that.
It will be community property if purchased during marriage.
You should probably consider filing and completing divorce before purchasing home.
Purchasing home while still married will add extra steps and will complicate
how the division of property is done.
If you decide to purchase while married anyway it will be less complicated if there is an agreement about who is keeping the home and the person keeping the home can qualify for the mortgage using only their credit and income.
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