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I been separated from my wife for over a year now living in…

Customer Question
I been separated from...

I been separated from my wife for over a year now living in Maryland. I had filed fir a legal separation but the documents was never delivered to her. I am in the process off buying a new house and want to know what I can do so she don't have any rights to it?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet, looking for legal advice

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have two kids together, brought a home six years ago but it's only in her name.

Submitted: 7 months ago.Category: Family Law
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Answered in 3 minutes by:
12/6/2017
Family Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,581
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If you have never been formally legally separated or divorced, then any real estate you buy, she instantly becomes half owner in legally since you are still married and that is an asset acquired during marriage..

.

You can buy anything you want, but your bank may refuse to loan you the money without her signing agreeing to pledge her marital interest as collateral and if you go to sell it, or refinance it, she will have to sign off on it.

.

So you really need to either get the legal separation/divorce done or have her sign off on a quitclaim deed after closing to ensure that you are the sole owner legally.

.

.

thanks

Barrister

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Customer reply replied 7 months ago
What if I get the funds as a gift to pay for the home?
Family Lawyer: Barrister, Lawyer replied 7 months ago

It doesn't matter... she gains an instant marital interest in the home simply because she is your legal wife.. That would eliminate the financing issue with a bank, but if you refied or later sold it, it comes up again and she would have to sign off.

.

Things like this get messy if a divorce or legal separation isn't followed through with to make a clean break..

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Will I have close before she can sign the quitclaim deed?
Family Lawyer: Barrister, Lawyer replied 7 months ago

Yes, because neither of you become legal owners until after you receive the deed from the seller.

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Customer reply replied 7 months ago
Do I still use a quit deed even if her name isn't on the deed?
Family Lawyer: Barrister, Lawyer replied 7 months ago

yes.

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Customer reply replied 7 months ago
Also do i need to do anything in regards ***** ***** being pregnant by her me boyfriend? I read that since we are still married the court could look at me as the father.
Family Lawyer: Barrister, Lawyer replied 7 months ago

That is an entirely different subject and you would need to open a new question thread under the "Family Law" category for that..

.

But you can request me if you wish..

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Ok thanks. Also for the home we bought six years ago while married (even tho I am not on the title) do I have right to it?
Family Lawyer: Barrister, Lawyer replied 7 months ago

Yes, the same thing applies.. if you were married when you purchased it, you are automatically a 50% owner of it unless you signed a quitclaim deed over to her giving her your interest..

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Family Lawyer: Barrister, Lawyer replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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