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Stacy Adkins
Stacy Adkins, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
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I am currently getting divorced however it has not gone to

Customer Question

I am currently getting divorced however it has not gone to the final hearing yet. Can I buy a house using strictly non marital funds? If so, will my wife have any right to it?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: the petition for dissolution of marriage has been filed. My spouse defaulted by not responding in 20 days. I have filled out the financial affidavit and am about to schedule the final hearing. I have made an offer on a house that has just been accepted.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The escrow and the down payment will be entirely nonmarital funds as well as any mortgage payments that may be made before the divorce is final. will this protect my property from my spouse?
Submitted: 10 months ago.
Category: Family Law
Expert:  retireddebra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  retireddebra replied 10 months ago.

I didn't see that this was in the US.

I will ask the site to move the question to the US family law list.

Customer: replied 10 months ago.
Thank You
Expert:  Stacy Adkins replied 10 months ago.

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.

I hope this answers your question. If so, please kindly accept the answer and rate me positively. Its the only way experts are compensated on Just Answer. I'm happy to answer any followup questions you may have as well.

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