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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My daughter resides in Jasper, Georgia - she has been estranged

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My daughter resides in Jasper, Georgia - she has been estranged from her husband for over 24 months. She was court ordered to vacate the home of marriage and she has been renting for this time. She has custody of two children, the father has another two children.

She has been told by her lawyer that she is not permitted to buy a home until the divorce is final. Is this correct? Where may I find more information on this?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, has the divorce been granted--when is the divorce scheduled to be granted?
Customer: replied 3 years ago.

That is a real problem. The divorce has not been granted and is delayed because the husband keeps trying new ways to avoid signing the agreement that he agreed to. They had a court date, but at the last minute the husbands lawyer called and stated the husband agreed to what the wife wanted and requested the papers be sent for signing. The court date was cancelled - about 4-5 months ago and she is still waiting for the signature.

Diane,

Thank you for your follow-up. The attorney perhaps did not fully explain himself, so please allow me to do so, as I know what he meant. There is no law, rule, or regulation that forbids someone from buying an asset such as a property in the middle of the divorce, unless there is a court decree put in place limiting or forbidding spouse from making 'material' purchases or pursuing significant transactions while the divorce is pending.

However...

If she purchases a property even without such a decree, the property becomes 'marital' and communal even if solely signed under her name. Furthermore under state law if a property is being purchased by one spouse, the other spouse has to sign a waiver essentially acknowledging the sale and permitting the withholding of his name from the title. That does not take away the ability to still claim that property as potentially marital, merely that not having the name on title is consented to. By buying this property your daughter can severely complicate and even further delay the divorce, because then the spouse can demand a review of the asset splits and likewise add this new property to the mix. And this is likely why he stated that purchasing this is not a good idea--it really can make this already contentious and difficult process even more contentious and even more difficult.

Hope that helps.


Sincerely,

Dimitry, Esq.
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