Hi, thanks for your question. I'm Stacy. Your best bet is to hold off on the purchase if you want an absolute guarantee that your soon to be ex wife will have no claim to this new house. However, it is possible to proceed with a purchase during a divorce. Florida is an equitable distribution state, which is certainly in your favor.
As long as you can prove the home is purchased using separate funds, you should be protected. This would mean none of the money used to fiance the home could have been in a joint checking account or similar. I assume since she did not file a timely response, that you have little to no communication with your wife? I was going to suggest another alternative, which is where you and her could enter into a property agreement, basically stating you are buying it with separate funds, she waives any potential claim to the property, get it notarized and file it with the court .The agreement should specifically address both spouses' ownership interests, along with equity and title -- stating that the home buyer's spouse will have no rights to the home.
That being said, if you have been separated for a good period of time and you have rock solid evidence that this home is being purchased with non-marital funds, you should be in the clear.
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