QUESTION

If I buy a house while I am still married, though we have not lived in the same state for over a year, is my spouse entitled to the house?

Asked on Nov 18th, 2014 on Family Law - Florida
More details to this question:
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.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
        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   
Answered on Nov 18th, 2014 at 2:26 PM

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