QUESTION

Can I make a large purchase after I filed for divorce without sharing the purchase with my husband?

Asked on Aug 30th, 2013 on Divorce - New Jersey
More details to this question:
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4 ANSWERS

Family Law Attorney serving Salt Lake City, UT
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It depends on whether or not you use your own funds for the purchase, and also if by using the funds for the purchase, you deprive the other spouse of marital assets that should have been used for their support. One way to avoid the problem is to wait until the decree is entered to make the purchase, or to minimize the amount of any down payment for the purchase. A large purchase on credit does not provide an asset with any worth for the court to divide.
Answered on Aug 30th, 2013 at 12:31 PM

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After separation what you buy is your separate property if you use money earned after separation. You are also responsible for the debt.
Answered on Aug 30th, 2013 at 12:07 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, the answer is: maybe, maybe not. In Utah, all property acquired by purchase during the marriage by either spouse is presumed to be marital property. That means that even if you made a purchase intended for yourself and made that purchase after you filed for divorce, the court could still consider it to be marital property when dividing marital property between you and your spouse. To ensure that a big purchase that you intend to make after you have filed for divorce is treated as your separate property, you will need your spouse to agree to treat the purchase at your separate property and get a court order acknowledging that. If your spouse will not agree to you making the purchase and keeping it is your separate property, then you will need to file a motion with the court in advance of making the purchase and getting a court order recognizing the purchase to be your separate property. If you have already made the major purchase without court approval, that's riskier, but you should still file a motion with the court asking the court to acknowledge the property to be your separate property.
Answered on Aug 30th, 2013 at 11:09 AM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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Will you use assets acquired during the course of the marriage to make the purchase?
Answered on Aug 30th, 2013 at 11:04 AM

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