My state of residence is NY. After many years of living apart, I have finally taken the steps and have a legal separation with the goal of the divorce being finalized at the end of the year. My question is, I would like to purchase a new home jointly with another person. Since I am only in the separation stage, my partner fears that if something should happen to me, my “almost ex-spouse” would have claims on this home. Is this true? If so, what other options are there besides waiting until the divorce is final.
If you have a legal separation, you should review the terms of the separation carefully. Generally, the acquisition of property by each party is expressly discussed and usually provides that the other party will not have a claim to such property. Did you have an attorney prepare the separation agreement? Consult him/her to be sure. If no such provision is included in your separation agreement, you may wish to consider having another relative such as your mother become the acquiring partner until your divorce is final.
If you are located in the NYC metropolitan area, give me a call at 212-370-1660 to discuss properly documenting your divorce, so such issues are taken care of before they arise.
Leonard M. Weiner, Esq./Divorce Solutions