Purchasing a home either during the pendency of a divorce or in anticipation of a divorce can be highly problematic for a number reasons. If a divorce complaint has already been served upon you, purchasing the home might constitute a violation of the mutual statutory injunction that automatically goes into effect upon the filing of the divorce. Additionally, if you purchase your home prior to the divorce being finalized, the home will likely be considered marital property subject to equitable division in the divorce case. If you commingle separate funds with marital funds when purchasing the home, you might be transmutating your separate property into marital property. I would recommend discussing the facts of your case with an experienced divorce attorney in order to determine your best course of action moving forward given the particular facts of your case.
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