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LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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I am in Sacramento, CA, and intend, but have not yet, filed

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I am in Sacramento, CA, and intend, but have not yet, filed for divorce from my wife, who lives in Arizona. We have been married 30 years, have one adult son. We have no real estate, and minimal assests to divide. Debt is minimal as well.

I would like to buy a house as soon as possible, prior to the divorce being finalized, and wonder if that is possible. I would only use the funds that I have in my checking and savings accounts, leaving alone the funds in her accounts.

What should my next steps be?




How long have you lived in CA?

Customer: replied 7 years ago.


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.

Customer: replied 7 years ago.


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.

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