Family Law Questions? Ask a Family Lawyer Online.
How long have you lived in CA?
1 Year and 2 months.
Well in CA, everything is divided up between spouses 50/50 so it would be difficult to claim any new house you buy as separate property, but with a good real estate attorney, it can be done. At this point, a real estate attorney will need to help you with the deed and with an agreement between you and your wife that the house will not be part of the marital estate. Keeping the money that you are going to buy this house with in a separate account is the right thing to do. You need to also make sure that you never use any joint funds to pay the taxes or do any maintenance on the house.
If my wife doesn't want to do this, then a good real estate attorney would not help much, I guess!
Well, it still can be done without the agreement, but if she disagrees as to the ownership of the home, you will have to prove in court that it was purchased with separate property/funds.