To provide you with a good, thoughtful answer, an attorney would have to know the respective incomes of both of you, your respective financial net worth, and what you will be likely receiving from the divorce, including any support that you will be either receiving or paying. Also helpful in this analysis would be an overall understanding of your legal goals and objectives. Rather than provide all these details here on this public website, I recommend you consult with an attorney who can provide you with the guidance and legal advice you need. Here on AVVO it is best to provide a number of relevant details to a legal problem along with a specific question which calls for a specific answer. But what you are looking for is an answer to a very vague and ambiguous question.
I wish you the best.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
There are three questions to consider:
1. The funds you have available for a down payment. If these funds would definitely remain in your possession after any division of property, you're ok on this but you ought to consult with a lawyer to be sure.
2. Your future income to pay the mortgage, maintenance, etc. Same as above - if your income is predictable despite any potential spousal support/child support award either for you or against you, you're ok here, too. But also as above, you shouldn't be sure without consulting with an attorney.
3. The expenses of divorce. This is really just about the previous two items but even if you look good on paper as far as a down payment and available income, depending on how contested the divorce is, it could be expensive and eat up funds.
Any property that you purchase is still considered marital property, so he could argue he has an interest in that property you acquire most likely using marital funds. But it may be possible to get a marital settlement agreement worked out with your husband before you leave and it addresses any property that you might purchase after you separate. I'd suggest meeting with an attorney to discuss your case in more detail and the options that you have.
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