Asked on Mar 28th, 2016 on Divorce - Massachusetts
More details to this question:
Hi, I'm contemplating divorce and want to move out of the house my wife owns. I want to buy a house. If I purchase a home under only my name and get divorced a few months later, will there be any possible ramifications? Can she come after me for half of what the property is worth even though she won't be on the mortgage/deed? If so, is there a document I can have her sign to agree not to do that?
Dear Anonymous,
Unless this is a very short term marriage, then it is likely that the funds you used to purchase the house will be considered marital funds and be subject to an equitable division. The answer to your questions is that she will most likely be able to come after you for a percentage of the funds you used to buy the house. To divide your asset without a divorce, you can enter into a marital agreement with her. This is similar to a pre-nuptial agreement.
If you have additional questions, do not hesitate to contact me directly at 617-658-3529.
Best,
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