I am starting the process of buying a house. I am technically married, but we have been apart living in separate states for over a year. If I buy a house with out him signing paperwork stating he has no interest in the property is he technically entitled to it? Are there any loopholes if so... other than the obvious which is obtaining a divorce. I am in Florida, and my spouse is in the Military stationed in Texas. Thanks.
The general rule is that any assets and liabilities acquired while the parties are still married are considered marital assets/ liabilities that are subject to equitable distribution.
Along the same lines, typically a court uses the date of filing a petition for dissolution of marriage as the date to determine what assets and liabilities are marital and which are not marital.
Although there may be some exceptions to the rule, this would require a much more comprehensive review of your entire situation which transcends the depth of an answer in this forum.
Your best bet is not to purchase the house and run the risk, unless you would like to split the equity with him down the road. Of course, if you don't want to do that, then maybe it is time to divorce.
Good luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
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